HomeMy WebLinkAboutFS 2013-11-19 COMPLETE AGENDA PACKETCity of Tukwila
Finance and Safety
Committee
O Dennis Robertson, Chair
O Verna Seal
O De'Sean Quinn
AGENDA
Distribution:
D. Robertson
V. Seal
D. Quinn
K. Hougardy
Mayor Haggerton
D. Cline
P. McCarthy
C. O'Flaherty
S. Kerslake
K. Mate]
L. Humphrey
K. Kertzman
M. Miotke
R. Still
S. Brown
J. Trantina
TUESDAY, NOVEMBER 19, 2013 — 5:30 PM
CONFERENCE ROOM #3 (at east entrance of City Hall)
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. A contract for Seattle Express shuttle services.
a. Forward to 12/2 Consent
Pg.1
Katherine Kertzman, Tourism Program Manager
Agenda.
b. A renewal agreement for Microsoft Enterprise software.
b. Forward to 12/2 Consent
Pg9
Mary Miotke, IT Director
Agenda.
c. A marketing plan for Foster Golf Links.
c. Information only.
Pg.31
Rick Still, Parks & Recreation Director
d. A resolution relating to non - represented employees'
d. Forward to 11/25 C.O.W.
Pg.53
wages and benefits for 2014.
and 12/2 Regular Mtg.
Stephanie Brown, Human Resources Director
e. An amendment to the contract with BERK and
e. Forward to 12/2 Consent
Pg.71
Associates.
Agenda.
Joyce Trantina, Project Analyst, Mayor's Office
f. An amendment to the lease agreement with Alliance One
f. Forward to 12/2 Consent
Pg.83
Receivables.
Agenda.
Joyce Trantina, Project Analyst, Mayor's Office
g. Discussion regarding the Council review and approval
process for vouchers.
g. Information only.
Pg.91
Peggy McCarthy, Finance Director
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, December 3 ', 2013
The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance.
City of Tukwila
TO:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
FINANCE AND SAFETY COMMITTEE
FROM: Katherine Kertzman
TOURISM PROGRAM MANAGER
DATE: October 16, 2013
SUBJECT: SEATTLE EXPRESS SHUTTLE SERVICES CONTRACT
ISSUE
The Council is being asked to authorize the Mayor to sign a shuttle services contract with Miller Schmer Inc.
doing business as "Seattle Express" on behalf of Seattle Southside Visitor Services (SSVS).
BACKGROUND
For over 12 years SSVS has hired Seattle Express to provide regularly scheduled shuttle services from
hotels in the City of SeaTac to Westfield Southcenter, seven days a week (excluding some major
holidays). Currently the City of SeaTac contributes 100% of the shuttle costs as a part of the annually
approved tourism marketing initiatives SSVS provides to the City of SeaTac. The City of SeaTac's Hotel
Motel Advisory Committee members support funding the complimentary shuttle service for their guests
because it conveys added value to selling their properties to potential overnight guests and groups; the City
of Tukwila incurs no cost but receives the sales tax from shoppers. Seattle Express delivered more than
28,000 riders/shoppers to Westfield Southcenter in 2012 resulting in $4,311,900 in estimated visitor
spending at Westfield. The shuttle is wrapped in Seattle Southside branded advertising.
As administrator of Seattle Southside, Tukwila contracts with the shuttle, pays them, and is reimbursed
100% for expenses from the SeaTac lodging tax fund. Currently, the cost is $10,000 per month.
Seattle Express has an Auto Transportation Certificate 01052 issued by the Washington Utilities and
Transportation Commission (WUTC) that gives Seattle Express the sole right to provide a scheduled shuttle
service, at a set rate, on a set route for hotel guests (in our cities) and no other company can provide this
shuttle service in our area which is defined as SeaTac and Tukwila. Therefore a competitive bid process is
not feasible for this contract.
ANALYSIS
The SeaTac Hotel Motel Advisory Committee reviewed the 2013-2014 Seattle Express shuttle service
marketing initiatives on August 8, 2012 and approved.
The Tukwila Lodging Tax Advisory Committee reviewed the 2013-2014 Seattle Express shuttle service
marketing initiative at the December 5, 2012 meeting and approved in the 2013-2014 Seattle Southside
Marketing Initiatives.
Budget impacts: There is no additional budget request for this item because the cost for this work through
2014 was included within the Council approved 2013-2014 Budget. Services will be paid out of the "Sea Tac
Only" account that is funded 100% by the City of SeaTac. However, because the proposal amount is over
$40,000, it requires Council approval. Since this is a tourism program item, the costs will be paid out of
lodging taxes, not the City's general fund.
1
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign a service contract in an amount not to exceed
$120,000 on behalf of Seattle Southside Visitor Service with Miller Schmer Inc. doing business as Seattle
Express.
The Finance and Safety Committee is being asked to forward this item to the December 2, 2013 Regular
Meeting Consent agenda.
ATTACHMENTS
Proposed contract
2 C:1 Usersl melissa- h1AppDatalLocallMicrosoft \Windows \Temporary Internet Files \Content.OutlooklIIRWBE3Y1Memo to Fin Safety Seattle Express 2014 contract.docx
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter
optional municipal code city hereinafter referred to as "the City," and Seattle Express, hereinafter referred
to as "the Contractor," whose principal office is located at 8028 180th St. SE, Snohomish, WA 98296.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $120,000 at a rate of $10,000 per month.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2014, and ending December 31, 2014, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
CA Revised 1 -2013 Page 1 of 6
3
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence. It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits
as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $5,000,000 per accident. Automobile liability insurance shall cover all
owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $5,000,000 each occurrence,
$5,000,000 general aggregate and $5,000,000 products- completed operations aggregate limit.
Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors, products -
completed operations, stop gap liability, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 1 -2013 Page 2 of 6
4
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may be terminated by the City at any time and for any reason by the
City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the
same. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right
to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant
for employment, or any person seeking the services of the Contractor to be provided under this
Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
CA Revised 1 -2013 Page 3 of 6
5
12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No amendment or modification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Seattle Southside Visitor Services
3100 South 176th St.
Seattle, WA 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
DATED this day of , 20
CITY OF TUKWILA CONTRACTOR
By:
Mayor, Jim Haggerton
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
Printed Name and Title:
Address:
CA Revised 1 -2013 Page 4 of 6
6
Exhibit A
Scope of Services
1. Provide a complimentary regularly scheduled round trip shuttle service for SeaTac hotel guests to
the Westfield Southcenter.
2. The route schedule will be published online and in printed format to be distributed to all SeaTac
hotels, SSVS and Westfield Southcenter.
3. Seattle Express will not make changes to the published schedule without prior written approval
from SSVS staff
4. Seattle Express will be responsible for all maintenance and upkeep of shuttle fleet and any
associated fees.
5. Permit SSVS to wrap the shuttle van(s) used for Westfield Shuttle service in Seattle Southside
branded advertising at SSVS's expense.
6. Shuttle service will operate seven days a week, excluding certain holidays.
7. Include Seattle Southside webpage link on Seattle Express website.
8. Promote the Seattle Southside visitor center by providing shuttle riders with SSVS Visitor Guide
and Map and encouraging them to utilize other visitor center services.
9. Shuttle drivers will act as tourism ambassador for the Seattle Southside area.
10. With each monthly invoice, provide a ridership total report for the month being billed.
CA Revised 1 -2013 Page 5 of 6
7
Exhibit B
Compensation
Contractor shall submit invoices to the City within fourteen days of the end of each month. Invoices shall
be mailed to:
Seattle Southside Visitor Services
3100 South 176 Street
Seattle, WA 98188
The total amount to be paid under this contract shall not exceed $120,000 and will be paid at a fixed rate
of $10,000 per month.
CA Revised 1 -2013 Page 6 of 6
8
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety Committee
FROM: Mary Miotke, IT Director
DATE: 11/19/13
SUBJECT: Microsoft Enterprise Agreement Renewal
ISSUE
It is time to renew the City's existing Microsoft Enterprise Agreement, originally signed in 2010
as a three-year agreement.
BACKGROUND
The Council authorized the Mayor to sign our first Enterprise Agreement (EA) with Microsoft in
2010, which allowed the licensing and version standardization of Microsoft products on all City
computers. The original purchase was funded by the emergency preparation Limited Tax
General Obligation Bond issued on July 19, 2010 and was substantially lower than purchasing
individual open licensing for 100% of the City's PCs and laptops.
DISCUSSION It has been a great benefit for the City to have all installations of Microsoft Office
standardized, allowing for better collaboration and increased efficiency when collaborating on
important documents internally between staff and externally with contractors and business
contacts. The City was also able to implement Microsoft Exchange for our email system with
this agreement. The original three-year licensing phase is now complete and this renewal will
allow the EA to continue for the next three-years at a reduced rate for software assurance and
support the City's Strategic Plan goal of a high performing and effective organization. We will
be able to continue installing the latest versions of Microsoft software and operating systems as
they become available, and the extended benefits of online training for all users, technical
training for IT staff, a home-use program for all licensed users, and other beneficial items listed
in Attachment C will also be renewed.
FINANCIAL IMPACT
The original EA agreement totaled $103,378 for each of the three years for full licensing of the
software that the City currently uses and depends upon to conduct City business. After adding
several network components to support other system/vendor upgrade requirements and
deleting a few items that are no longer needed, renewal for software assurance will be $78,259
plus tax. The total is $85,693.64, which is only nominally over the approved 2013-14 budgeted
amount of $85,000. The slight overage is easily absorbed within the IT budget and no
additional funding is required. The good news is that this renewal will save the City $17,684.36
per year on software licensing, or $53,053.08 for the three year term.
RECOMMENDATION
Council is being asked to forward this agreement renewal to the Consent Agenda of the
December 2, 2013 Regular Meeting to approve the Mayor to sign for a three-year Microsoft
Enterprise Agreement in the amount of $85,693.64 per year including tax.
ATTACHMENTS
• Microsoft Enterprise Agreement Renewal Enrollment Documents
• Microsoft Enterprise Agreement Pricing Spreadsheet
• Microsoft Enterprise Agreement Benefit Chart
9
10
In Microsoft
Program Signature Form
MBA/MBSA number
Agreement number
01E73529
Volume Licensing
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active
number be indicated here, or listed below as new.
For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government
Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between the
Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document
<Choose Agreement>
Number or Code
<Choose Agreement>
<Choose Agreement>
<Choose Agreement>
<Choose Agreement>
Enterprise Enrollment
X20-03621
<Choose Enrollment/Registration>
<Choose Enrollment/Registration>
<Choose Enrollment/Registration>
<Choose Enrollment/Registration>
EA Product Selection Form
X20-03622
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and
understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)* City of Tukwila
Signature*
Printed First and Last Name* Jim Haggerton
Printed Title* Mayor
Signature Date*
Tax ID
* indicates required field
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Oct2012)
Page 1 of 3
11
Microsoft 12
Affiliate
Microsoft Licensing, GP
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Effective Date
(may be different than Microsoft's signature date
Optional tdCustomer signature or Outsourcer signature (if applicable)
Customer
Name of Entity (must be legal entity
Signature*
Printed First and Last Name*
Printed Title*
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title*
Signature Date*
* indicates required field
If Customer requires physical noedia, additional oontads, or is reporting multiple previous EnroUmenta,
include the appropriate form(s) with this signature form.
After this signature form is signed by the Cushomer, send it and the Contract Documents to Customer's
channel partner or Microsoft account manoger, who must submit them to the following address. When
the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Licensing, GP
Dept. 551, Volume Licensing
6100 Neil Road, Suite 210
Reno, Nevada 89511-1137
USA
pmgramSignFonnVNSGignXwxLuu\mVExaFA, 21 Page 2 of 3
Prepared By:Bruce Valentin
bvalenti @compucom.cotn
ProgramSignForm( MSSign)( NA ,LatAm)ExBRA,MLI(ENG)(Oct2012) Page 3 of 3
13
14
*c osoft Volume Licensing
Enterprise and Enterprise Subscription Enrollment Product
Selection Form State and Local
Enrollment Number
Microsoft to complete for initial term
Reseller to complete for renewal
Step 1. Please indicate whether Enrolled Affiliate is ordering Enterprise Products or Enterprise
Online Services on the initial enrollment order. Choose both if applicable.
ElEnterprise Products.Choose platform option: Enterprise Desktop with MDOP
Qualified Devices: Qualified Users:350
ElEnterprise Online Services1
Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment
Order. Quantity may not include any Licenses which Enrolled Affiliate has selected for optional
future use, or to which it is transitioning or stepping up within enrollment term Products for which
the Enrolled Affiliate has an option to transition or step-up should be listed in Step 3.
Products2
Office Professional Plus
Quantity
Office Pro Plus
300
Office Pro Plus for Office 365
Office 365 Plans'
Office 365 (Plan El)
Office 365 (Plan E2)
Office 365 (Plan E3)
Office 365 (Plan E4)
Client Access License (CAL). Choose 1 Option.
Core CAL, including Bridge CAL's (if applicable)
Core CAL
Core CAL Bridge for Office 365
Core CAL Bridge for Windows Intune
Core CAL Bridge for Office 365 and Windows Intune
ElEnterprise CAL (ECAL)
ECAL
350
ECAL Bridge for Office 365
ECAL Bridge for Windows Intune
ECAL Bridge for Office 365 and Windows Intune
The Client Access License selection must be the same across the Enterprise. Specify whether
licensing CAL per Device or User: User
Windows Desktop
Windows OS Upgrade
300
Windows VDA
Windows Intone
Windows Intune
Windows Intune Add-oni
Other Enterprise Products
Microsoft Desktop Optimization Pack (MDOP)4
EA-EASProdSelForm(US)SLG(ENG)(Oct2012)
Page 1 of 2
Document X20-03622
15
16
If selecting Windows Desktop or Windows Intune option, Enrolled Affiliate acknowledges the
following:
a. The Windows Desktop Operating System Upgrade licenses offered through this Enrollment
are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying
operating system licenses for all devices on which the Windows Desktop Operating System
Upgrade or Windows Intune licensesare run.
b. In order to use a third party to reimage the Windows Operating System Upgrade, Enrolled
Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses.
See the Product List for details.
Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for
optional future use where not selected on the initial enrollment order (above):
LiOffice Pro Plus for Office 365
111Offiue3O5 (Plan El)
[]{Jfhce3O5 (Plan E2)
�lOffice 365 (Plan E3)
[]O#ioa3G5 (Plan E4)
Enterprise CAL (ECAL) Step-up, including Bridge CALs
[]VVindmwo|ntune -, -
FlWindovva|nhuneAdd-onx
This
~,"-__-_--=--g-___`-~~=--"'
2) Page 2 of 2
Document X20-03622
Microsoft o�o.~
Enterprise Enrollment
~-^^~`~^r- ^�~^ --'-'''-''-
Enterprise Enrollment number
(Microsoft to complete)
Previous Enrollment number
(Reseller to complete)
6216554
Volume Licensing
'
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Proposal ID/Framework ID
Earliest expiring previous
Enrollment end date 1
U
State
and Local
This Enrollment must be attached to a signature form to be valid.
This Microsoft Ente i Enrollment is entered into between the entities as identified in the signature
form as of the effective date.Enrollment Affiliate represents and warrants it is the same Customer, or an
Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature
form.
This Enrollment consists of: (1) these terms d conditions, (2) the terms f the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, (4) any supplemental contact information
form or Previous Agreement/Enrollment form that may be required, (5) any order submitted under this
Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement.
All terms used but not defined are located at http://vvvvw.microsoft.corn/licensinq/contracts. In the event of
any conflict the terms of this agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. Otherwise, the effective date will be the date this
Enrollment is accepted by Microsoft. If renewing Software Assurance, the Reseller vvill need to insert the
previous enrollment or agreement number and end date in the respective boxes above.
Term. This Enrollment will expire on the last day of the month, 36 full calendar months from the effective
date unless otherwise renewed. Any reference in this Enrollment to "day" will be a calendar day.
Product order. The Rene/|erwi|| provide Enrolled Affiliate with Enrolled Affiliate's Product pricing and
order. Prices and biUingternnafnra||Product ordered will be determined by agreement between Enrolled
Affi|iubaand the ReseUer.The Reeo||erwiU provide &1icroso�vv iththeonjersepanate|yhomthisEnrm||ment.
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Prior EnnoUmmmnt(s). If renewing Software Assurance or Subscription Licenses from another Enrollment
or agreement, the previous Enrollment or agreement number and end date must be identified in the
respective boxes above. If renewing from multiple Enrollments or agnaemonta, or transferring Software
Assurance or MSDN details, the Previous Agreement/Enrollment form must be used.
Terms and Conditions
Terms used but not defined in this Enrollment will have the
foflowing definitions are used in this Enroflment:
"Additional Product" means any Product identified as such
Affiliate under this Enrollment.
definition in the Enterprise Agreement. The
in the Product List and chosen by Enrolled
EA28 1a) Page 1 of 10
Document X20-03621
18
"Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the
Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
"Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
may only be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this
program.
"Expiration Date" means the date upon which the Enrollment expires.
"Industry Device" (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer),
a multi- function server, or a commercially viable substitute for one of these systems; and (2) only employs
an industry or task - specific software program (e.g. a computer -aided design program used by an architect
or a point of sale program) ( "Industry Program "). The device may include features and functions derived
from Microsoft software or third -party software. If the device performs desktop functions (such as email,
word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal
finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry
Program functionality; and (2) must be technically integrated with the Industry Program or employ
technically enforced policies or architecture to operate only when used with the Industry Program
functionality.
"Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and
is (1) a personal desktop computer, portable computer, workstation, or similar, device capable of running
Windows Professional locally (in a physical or virtual operating system environment), OR (2) a device
used to access a virtual desktop infrastructure (`VDI' ) :. Qualified Devices do not includeany device that
is (1) designated as a server and not used as a personal computer, OR (2) an. Industry Device, OR (3)
not managed (as defined in'':the Product List at the start of the applicable initial or renewal term of the
Enrollment) as part of Enrolled Affiliate's Enterprise. At its option, the Enrolled Affiliate may designate any
device excluded above (e.g., Industry Device) as a Qualified Device -for all or a subset of Enterprise
Products or Online Services the Enrolled Affiliate has selected.
"Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software, requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product List.
"Reserved License" means for an Online Service identified as eligible for true -ups in the Product List, the
License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
"Transition" means the conversion of one or more License to or from another License(s). Products
eligible for Transition and permitted Transitions are identified in the Product List.
"Transition Period" means the time between the Transition and the next Enrollment anniversary date for
which the Transition is reported.
2. Purpose.
This Enrollment enables Enrolled Affiliate's Enterprise to obtain, or subscribe to, Licenses for Enterprise
Products, Enterprise Online Services, and Additional Products. Enrolled Affiliate may choose between
on- premise software and Online Services as well as the ability to transition Licenses to Online Services
while maintaining Enterprise -wide coverage. Additionally, Enterprise Online Services may be purchased
without Enterprise -wide coverage.
3. Product Use Rights, Qualifying Systems Licenses and Transitions.
In addition to applicable terms of the Enterprise Agreement, the following terms apply to this Enrollment:
EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 2 of 10
Document X20 -03621
a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive
use rights than the version that is current at the start of the applicable initial or renewal term
of the Enrollment, those more restrictive use rights will not apply to the Enrolled Affiliate's use
of that Product during the term.
b. Qualifying systems Licenses. The operating system Licenses granted under this program
is upgrade Licenses only. Full operating system Licenses are not available under this
program. If Enrolled Affiliate selects any Desktop Platform, Windows Desktop Operating
System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects
to run the Windows Desktop Operating System Upgrade must be licensed to run, and have
installed on them, one of the qualifying operating systems identified in the Product List. Note
that the list of operating systems that qualify for the Windows Desktop Operating System
Upgrade varies with the circumstances of the order. That list is more extensive at the time of
the initial order than it is for some subsequent orders and system refreshes during the term of
this Enrollment. Exclusions are subject to change when new versions of Windows are
released.
For example: The following are not considered qualifying operating systems: (1) ANY
Windows Home or Starter edition; (2) Embedded Systems; and (3) Linux. These are
examples of exclusions only and may change. Please see Product List for all current
qualifying operating systems.
c. Transitions. The following requirements apply to Transitions:
(i) Licenses with active Software Assurance or Subscription Licenses may be Transitioned
at any time if permitted in the Product List. While Enrolled Affiliate may Transition any
time it will not be able to reduce Licenses or associated Software Assurance prior to the
end of the Transition Period.
(ii) Enrolled"'Affiliate must order the. Licenses to which it is transitioning for the year(s)
following the Transition Period
(iii) If a Transition is made back to a License that had active Software Assurance as of the
date of Transition, then Software Assurance will need to , be re- ordered for all such
Licenses on a prospective basis following the Transition Period. Software Assurance
coverage may not exceed the quantity of perpetual Licenses for which Software
Assurance was current at the time of any prior Transition. Software Assurance may not
be applied to Licenses transferred by Enrolled Affiliate.
(iv) If a device -based License is Transitioned to a user -based License, all users of the device
must be licensed as part of the Transition.
(v) If a user -based License is Transitioned to a device -based License, all devices accessed
by the user must be licensed as part of the Transition.
d. Effect of Transition on Licenses. Transition will not affect Enrolled Affiliate's rights in
perpetual Licenses paid in full.
(i) New version rights will be granted for perpetual Licenses covered by Software Assurance
up to the end of the Transition Period.
(ii) For L &SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have
perpetual Licenses for a proportional amount equal to the total of installments paid versus
total amounts due (paid and payable) for the Transitioned Product.
(iii) For L &SA not paid in full or granted a perpetual License in accordance with the above or
Subscription Licenses, all rights to Transitioned Licenses cease at the end of the
Transition Period.
EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 3 of 10
Document X20 -03621
19
20
4. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all
Products ordered under this Enrollment will be Level "D" throughout the term of the
Enrollment. Price Level's will be captured in the Product Selection Form.
b. Setting Prices. Enrolled Affiliate's prices for each Product will be established by its Reseller.
Microsoft's prices for Resellers are fixed throughout the Enrollment term based upon current
prices at the time of the initial order for the Product. This includes the following:
(i) Any future pricing (if applicable); and
(ii) Prices for Transitions, including any prices related to the use of a Product during the
Transition Period (if applicable).
5. Order requirements.
a. Minimum Order Requirements. Enrolled Affiliate's Enterprise must have a minimum of 250
Qualified Users or Qualified Devices.
(i) Initial Order. Initial order must include at least 250 Licenses from one of the four groups
outlined in the Product Selection Form.
(ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group
outlined in the Product Selection Form, Enrolled, Affiliate's initial: order must include an
Enterprise - wide selection of one or more Enterprise, Products or a mix of Enterprise
Products and corresponding Enterprise Online Services for that_` group.
(iii) Additional Products. Upon satisfying the minimum order requirements above ,Enrolled
Affiliate may order Additional Products.
(iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be
used on its initial order and on any additional orders.
b. Adding Products.
(i)
Adding new Products not previously ordered. Enrolled Affiliate may add new
Enterprise Products by entering into a new Enrollment or as part of a renewal. New
Enterprise Online Services may be added by contacting a Reseller. New Additional
Products, other than Online Services, may be used if an order is placed in the month the
Product is first used. For Additional Products that are Online Services, an initial order for
the Online Service is required prior to use.
(ii) Adding Licenses for previously ordered Products.Additional Licenses for previously
ordered Products must be included in the next true -up order. Enrolled Affiliate must order Licenses
for Online Services prior to use, unless the Online Services are (1) identified as eligible
for true -up in the Product List or (2) included as part of other Licenses (e.g., Enterprise
CAL).
c. True -up orders. Enrolled Affiliate must submit an annual true -up order that accounts for
changes since the initial order or last true -up order, including: (1) any increase in Licenses,
including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2)
Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted).
Microsoft, at its discretion and as permitted by applicable law, may validate the customer
true -up data submitted through a formal product deployment assessment, using an approved
Microsoft partner.
The true -up order must be received by Microsoft between 60 and 30 days prior to the
Enrollment anniversary date. The third -year anniversary true -up order is due within 30 days
prior to the Expiration Date. Enrolled Affiliate may true -up more often than at each
Enrollment anniversary date except for Subscription License reductions.
EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 4 of 10
Document X20 -03621
(i) Enterprise Products. Enrolled Affiliate must determine the current number of Qualified
Devices and Qualified Users (if ordering user -based Licenses) and order the License
difference (if any), including any Enterprise Online Services.
(ii) Additional Products. For Products which have been previously ordered, Enrolled
Affiliate must determine the Additional Products used and order the License difference (if
any).
(iii) Online Services. For Online Services identified as eligible for true -up orders in the
Product List, Enrolled Affiliate must first reserve the additional Licenses prior to use.
Microsoft will provide a report of Reserved Licenses in excess of existing orders to
Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively for the
prior year based upon the month in which they were reserved.
(iv) Late true -up order. If the true -up order is not received when due:
1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered.
2) Transitions and Subscription License reductions cannot be reported until the
following Enrollment anniversary date (or at Enrollment renewal, as applicable).
(v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an
increase in Licenses to be included on the true -up order and a reduction of Licenses for
prior orders. Reductions in Licenses will be effective at end of the Transition Period.
Associated invoices will also reflect this change. For Licenses paid upfront, Microsoft will
issue a credit for the remaining months of Software Assurance or Subscription Licenses
that were reduced as part of the Transition.
(vi) Subscription F License Reductions Enrolled Affiliate may reduce the quantity of
Subscription Licenses on a prospective basis if permitted in the Product (ist_ as follows:
1) For Subscription Licenses part of an Enterprise-wide commitment, Licenses may be
reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices identified on the Product
Selection Form. Step -up Licenses do not count towards this total count.
2) For Enterprise Online Services not a part of an Enterprise -wide commitment,
Licenses can be reduced as long as the initial order minimum requirements are
maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up
order Enrollment anniversary date and effective as of such date.
(vii)Update statement. An update statement must be submitted instead of a true -up order if,
as of the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1)
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate's authorized
representative. The update statement must be received by Microsoft between 60 and 30
days prior to the Enrollment anniversary date. The last update statement is due at least
30 days prior to the Expiration Date.
d. Step -up Licenses. For Licenses eligible for a step -up under this Enrollment, Enrolled
Affiliate may step -up to a higher edition or suite as follows:
(i) For step -up Licenses included on an initial order, Enrolled Affiliate may order according to
the true -up process.
EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 5 of 10
Document X20 -03621
21
22
(ii) If step -up Licenses are not included on an initial order, Enrolled Affiliate may step -up
initially by following the process described in the Section titled "Adding new Products not
previously ordered," then for additional step -up Licenses, by following the true -up order
process.
(iii) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product
and wants to step -up to an Enterprise Online Service eligible for a Transition, the step -up
may be reported as a Transition.
(iv) If Enrolled Affiliate Transitions a License, it may be able to further step -up the
Transitioned License. If Enrolled Affiliate chooses to step -up and the step -up License is
separately eligible to be Transitioned, such step -up Licenses may result in a License
reduction at the Enrollment anniversary date following the step -up.
6. Payment terms.
For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the
applicable Enrollment term. If spread payments are elected, unless indicated otherwise, Microsoft will
invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be
invoiced upon Microsoft's acceptance of this Enrollment and on each Enrollment anniversary date.
Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay
annually or upfront for Online Services and upfront for all other Licenses.
7. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for
Licenses for` Products it has used but has not previously s_ ubmitted an order, except as
otherwise provided in this Enrollment.
b. Renewal Option. At the Expiration Date, Enrolled Affiliate can "renew Products by renewing
the Enrollment for one additional 36 full calendar month: term. or, signing a new Enrollment.
Microsoft must receive a Product -Selection Form and renewal order prior to or at the
Expiration Date. The renewal term will start 'on the day; following the Expiration Date.
Microsoft will not unreasonably reject any renewal. Microsoft may make a change to this
program that will make it necessary for Customer and its Enrolled Affiliates to enter into new
Agreements and Enrollments.
c If Enrolled Affiliate elects not to renew.
(i)
Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any
Product under its Enrollment, then Enrolled Affiliate will not be permitted to order
Software Assurance later without first acquiring L &SA.
(ii) Online Services eligible for an Extended Term. For Online Services identified as
eligible for an Extended Term in the Product List, the following options are available at
the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance
with the terms of the Enrollment. An extended term feature that allows Online
Services to continue month -to -month ( "Extended Term ") is available. During the
Extended Term, Online Services will be invoiced monthly at the then - current
published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3%
administrative fee for up to one year. If Enrolled Affiliate does want an Extended
Term, Government Partner must submit a request to Microsoft. Microsoft must
receive the request not less than 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended
Term and later determines not to continue with the Extended Term, Government
Partner must submit a notice of cancellation for each Online Service. Cancellation
EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 6 of 10
Document X20 -03621
will be effective at the end of the month following 30 days after Microsoft has
received the notice.
(iii) Online Services not eligible for an Extended Term. If Online Services are not
identified as eligible for an Extended Term in the Product List, the Licenses will be
cancelled and will terminate as of the Expiration Date. Any associated media must be
uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use.
Microsoft may request written certification to verify compliance.
(iv) Customer Data. Upon expiration or termination of a License for Online Services,
Enrolled Affiliate must tell Microsoft whether to:
1) disable its account and then delete its Customer Data ( "Data Deletion "); or
2) retain its Customer Data in a limited function account for at least 90 days after
expiration or termination of the License for such Online Service (the "Retention
Period ") so that Enrolled Affiliate may extract its Customer Data.
3) If Enrolled Affiliate indicates Data Deletion, Enrolled Affiliate will not be able to extract
its Customer Data. If Enrolled Affiliate indicates it wants a Retention Period, Enrolled
Affiliate will be able to extract its Customer Data through Microsoft's standard
processes and tools, and Enrolled Affiliate will reimburse Microsoft if there are any
applicable costs to the extent allowed by applicable law. If Enrolled Affiliate does not
indicate either Data Deletion or a Retention Period, Microsoft will retain Enrolled
Affiliate's Customer Data in accordance with the Retention Period.
4) Following the expiration of the Retention Period, M icrosoft will disable Enrolled
Affiliate's account and then delete its Customer Data
5) Enrolled'. Affiliate agrees that other than .,as described above ' Microsoft ; has no
obligation to continue to hold, export or return Enrolled Affiliate's Customer: Data
Enrolled Affiliate agrees Microsoft has no liability whatsoever for deletion of Enrolled
Affiliate's Customer Data pursuant to these terms.
d. Termination for cause. Any termination for cause of this: Enrollment will be subject to the
"Termination for cause" Section of the agreement.
e. Early termination. Any Early termination of this Enrollment will be subject to the "Early
Termination" Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, Microsoft will issue Reseller
a credit for any amount paid in advance that would apply after the date of termination.
EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 7 of 10
Document X20 -03621
23
24
Enrollment Details
1. Enrolled Affiliate's Enterprise.
Use this section to identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled
Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of
Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Enrolled
Affiliate's organization includes . Check only one box in this section:
Enrolled Affiliate
❑ Enrolled Affiliate and the following Affiliate(s):
❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
Please indicate whether the Enrolled Affiliate's Enterprise will include all:new:Affiliates acquired after the
start of this Enrollment: Include future Affiliates
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information
page(s) changes. The asterisks ( *) indicate required fields. By providing contact information, Enrolled
Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and
other parties that help administer this Enrollment. The personal information provided in connection with
this Enrollment will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others.
Name of entity (must be legal entity name) *City of Tukwila
Contact name* FirstMaryLastMiotke
Contact email address *mary.miotke @tukwilawa.gov
Street address *6200 Southcenter Blvd
City *Tukwila
State /Province *WA
Postal code *98188 -2544
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx -xxxx)
Country *USA
Phone *(206) 433 -7150
Tax ID N/A
EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 8 of 10
Document X20 -03621
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual
notices, (2) is the Online Administrator for the Volume Licensing Service Center and may
grant online access to others, and (3) is authorized for applicable Online Services to add or
reassign Licenses, step -up, and initiate Transitions prior to a true -up order.
® Same as primary contact
Name of entity*
Contact name* First Last
Contact email address*
Street address*
City*
State /Province*
Postal code*
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx -xxxx)
Country*
Phone*
Language preference. Choose the language for notices. ,English
❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required fields
c. Microsoft Account Manager. Microsoft Account Manager for this Enrolled Affiliate is
Microsoft account manager name:
Microsoft account manager email address:
d. Online Services Manager. This contact is authorized to manage the Online Services
ordered under the Enrollment and (for applicable Online' Services) to add or reassign
Licenses, step -up, and initiate Transitions prior to a true -up order:.
® Same as notices contact and Online Administrator
Name of entity*
Contact name *: First Last
Contact email address*
Street address*
City*
State /Province*
Postal code*
Country*
Phone*
❑This contact is from a third party organization (not the entity). Warning: This contact
receives personally identifiable information of the entity.
* indicates required fields
e. Reseller information. Reseller contact for this Enrollment is:
Reseller company name* CompuCom Systems, Inc.
Street address (PO boxes will not be accepted)* 7171 Forest Lane
City* Dallas
State /Province* TX
Postal code* 75230 -2306
Country* USA
Contact name* Bruce Valentin
Phone* 972 - 856 -4617
Contact email address* bvalenti @compucom.com
* indicates required fields
EA2012EnrGov (US)SLG(ENG)(Oct2012) Page 9 of 10
Document X20 -03621
25
The undersigned confirms that the information is correct.
Name of Reseller* CompuCom Systems, Inc.
Signature*
Printed name* Bruce E. Valentin
Printed title* Microsoft Licensing Specialist
Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business
with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or
the Reseller intends to terminate their relationship, the initiating party must notify Microsoft
and the other party using a form provided by Microsoft at least 90 days prior to the date on
which the change is to take effect.
f. If Enrolled Affiliate requires a separate contact for any of the following, attach the
Supplemental Contact Information form. Otherwise, the notices contact and Online
Administrator remains the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? No
EA2012EnrGov (US)SLG(ENG)(Oct2012)
26
Page 10 of 10
Document X20 -03621
Microsoft Enterprise Agreement Renewal
November, 2013
Qty
Price
Extended
76A -00016
EntCAL ALNG SA MVL Pltfrm UsrCAL wSrvcs
350
$82.42
$ 28,847.00
269 -12442
OfficeProPlus ALNG SA MVL Pltfrm
300
$79.40
$ 23,820.00
K4U -00265
WinProw /MDOP ALNG SA MVL Pltfrm
300
$35.54
$ 10,662.00
312 -02257
ExchgSvrStd ALNG SA MVL
1
$114.24
$ 114.24
YEG -00634
LyncSvrPlusCAL ALNG SA MVL forECAL UsrCAL (Option
if use)
350
$16.44
$ 5,754.00
5HU -00216
LyncSvr ALNG SA MVL
1
$588.48
$ 588.48
H04 -00268
SharePointSvr ALNG SA MVL
1
$1,096.41
$ 1,096.41
7NQ -00292
SQLSvrStdCore ALNG SA MVL 2Lic CoreLic
2
$578.62
$ 1,157.24
T6L -00238
SysCtrDatactr ALNG SA MVL 2Proc
8
$387.94
$ 3,103.52
T9L -00223
SysCtrStd ALNG SA MVL 2Proc
1
$143.01
$ 143.01
F2R -00010
VDIStew /oMDOP ALNG SubsVL MVL PerDvc
50
$7.19
$ 359.50
P71 -07282
WinSvrDataCtr ALNG SA MVL 2Proc
3
$775.87
$ 2,327.61
P73 -05898
WinSvrStd ALNG SA MVL 2Proc
2
$143.01
$ 286.02
$ 78,259.03
27
28
Microsoft Enterprise Agreement - Benefits
November, 2013
Description
♦rL� V • M�-�.v
Planning Services
--,
4 Hours
Pays Microsoft Partners to perform specific services to assist in
getting the most out of your volume licensing agreement. These
services are based upon best practices from Microsoft with the
objective of reducing cost and complexity while using high levels of
process automation.
Office Multi- Language Pack
1 Pack
Allows organizations to configure Office in multiple languages. It
includes all individual languages, dialects, and proofing and editing
tools.
Windows Fundamentals for
Legacy PCs
1 Kit
The best solution for reducing the total cost of ownership for legacy
PCs.
Technical Training Vouchers
30 Days
Training vouchers may be granted to comapny employees for use at
Microsoft Certified Partner for Learing Solutions, the premier
channel for delivering products and services. Provides technical
employees with the necessary skills and knowledge to unleash
creativity and productivity, providing early access to products and
offering the latest training solutions.
Home Use Program
Per license
Allows employees to obtain a copy of the desktop applications in
Microsoft Office Systems for which they are licensed to install on a
home computer, allowing them to work at home with confidence in
the compatibility of documents they create.
24x7 Problem Resolution
Support
Unlimited
24x7 Problem Resolution Support Incidents enables us to reach
Microsoft support help at any time. Business - critical 24x7 phone
support for all Microsoft server products, Microsoft Windows, and
Microsoft Office Systems is provided. In addition, unlimited web
support for all products covered by Software Assurance can be
accessed.
Tech Net SA Subscription
Services
350 Users
The TechNet benefit allows your IT professionals to more easily find
technical information to plan, deploy, manage, and support
Microsoft Products.
TechNet Plus Direct
1 Subscription
E- Learning - Applications
350 Users
Microsoft's E- Learning courses use simulations, demonstrations,
animations, and assessment to provide an engaging, effective
learning experience for employees who need to upgrade their skills
and knowledge. Designed by subject matter experts and updated
on an on -going basis, courses can be used as traditional training or
as a just -in -time reference resource.
E- Learning - Systems
350 Users
E- Learning - Servers
26 Users
29
30
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance & Safety
FROM: Rick Still, Parks and Recreation Director
Tracy Gallaway, Volunteer & Events Superintendent
Warren Orr, Director of Golf
DATE: November 13, 2013
SUBJECT: Foster Golf Links — Marketing Plan
ISSUE
Review of Foster Golf Links Marketing Plan and answer committee questions.
BACKGROUND
At their August 14th meeting, the Finance & Safety Committee requested further information
regarding Foster Golf Links (FGL): A) a brief financial overview, B) a professional review of the
FGL marketing plan, C) ideas to increase revenue and D) statistics regarding resident and non-
resident use of the golf course.
DISCUSSION
A. A brief financial overview — Foster Golf Links (FGL) revenue has historically covered all
of the golf related operating costs. The Indirect Cost Allocation increased from $13,000 in 2010
to $222,000 in 2011 without understanding the impacts to the budget and making adjustments
to the operational model. The golf operations is not a utility where users have to pay the
amount they are charged. A golfer can choose to play another golf course or not play golf at all.
Attachment A shows a breakdown of the 2013 expenditures and revenues that reflects a
different way to look at the budget. Some of the costs, like sales tax, get lost in the bigger
grouping of the expenditures. The sales tax and excise tax are an operating cost but not
knowing where the money goes it may seem that one should be able to reduce the expenditures
by more than is really possible. Furthermore, when fee increases are made the net revenue is
not the total amount of the fee increase due to these taxes and the admission tax.
B. A professional review of the FGL marketing plan — Staff hired a consultant to review
the Foster Golf Links marketing plan; and to expand the plan into a working document that can
be implemented by staff. After a review of the current marketing plan, FGL has developed a
2014 Marketing Action Plan (Attachment B). This plan will include programs to retain and
strengthen our core golfers. It will include a Loyalty Card Program, in which the collection of
customer data provides us the opportunity to effectively market to our core golfer.
The action plan also includes strategies to engage lapsed golfers and create new golfers. FGL
will develop specialized outreach programs, continue with our Get Golf Ready instructional
program, develop more Junior Golf opportunities, and create a community outreach program
designed to generate new golfers.
C: \Documents and Settings \christy.TUKWILA \ Local Settings \Temporary Internet Files \ Content.Outlook\ FOTTAFSUTGL Marketing Plan 11-13-13 FS MEMO rs.docx
31
32
INFORMATIONAL MEMO 11 -13 -13
Foster Golf Links — Marketing Plan
Page 2
C. Ideas to increase revenue — There are several ways proposed to increase revenue at the
golf course: 1) to implement the marketing plan (keep current golfers coming back more and
increase the number of lapsed and new golfer), 2) to lengthen the golf season, 3) to improve
golf course playability, and 4) to adjust fees to the market level and to utilize dynamic pricing.
Please see Attachment C for additional information.
D. Statistics regarding resident and non - resident use of the golf course — Resident and
non - resident statistics are currently tracked in the point of sale (POS) system. Approximately
5% of the golfers are residents. However, the "working residents" (people that work in Tukwila
but not necessarily live in Tukwila) have not been tracked. Staff does have an idea of how
many of the core golfers are working residents, an additional 7% to 10% of the golfers. All
resident use will be better tracked with the loyalty card program because there will be additional
benefits associated with residency.
RECOMMENDATION
Discussion only.
ATTACHMENT
A. Foster Golf Links — 2013 Expenditures and Revenue Breakdown
B. Foster Golf Links — Marketing Plan
C. Foster Golf Links — Ideas to increase Revenue
C:IDocuments and Settings\christy.TUKWILA \Local Settings\Temporary Internet Files \Content.Outlook \FOTTAFSUIFGL Marketing Plan 11 -13 -13 FS MEMO
rs.docx
Foster Golf Links
2013 Expenditures and Revenue Breakdown
,,,Mie4,0000,04104; pW'Mayko/owf,,,040F,Axwong&i,,, i'AMM*901"
.10'471NOK,-;reAK ApACWS,Anngigarafg rfanr459Wa"
AMMOMegal-MARAVANkZgaginamOZEDWAMMAla: AALWOMMeo ,;AA; 4,
OLF EXPENDITURES 2013
Golf Operations & Maintenance
Salaries, Benefits, Supplies, Green Fees 974,000
1,292,653
-14 Professional Services Merchandise Sales 134,000
Sub Total 1,292,653 y Power Car rentals 175,000
Concession Proceeds 85,000
Capital Improvements 50,000 Other Revenue 24,000
Sub Total 50,000
Attachment A
win
VOWMangfROOZ Zoatmbw;AA140.mawALAJA,,,biglokgahra,4-$M)0,4PwAgo.,..PA
GOLF REVENUES 2103
Golf Course Revenue
Golf Operations Sub Total 1,342,653
Taxes Other Agencies
Sales Tax 112,000
Excise Tax 6,400
Sub Total 118,400
City Taxes & Overhead
Admission Tax 54,000
City Overhead 193,000
Sub Total 247,000
Taxes and Overhead Sub Total
Golf Course Sub Total 1,392,000
General Fund Subsidy 400,000
Sub Total 400,000
365,400 Genderal Fund Subsidy Sub Total 400,000
G
GRAND TOTAL 1,708,053 GRAND TOTAL 1,792,000
osom'i";Wfrgr OWSSAMMNFORNMICO'igo,„4&„ .0N450.4M4ff,WAA.A%;,,v-,;:;,.:04, "" '``,6 •
,
-,14ma;OR'?'11'''(%04iggGAM001044011,04grAMSAt24&40/„aga;510MaeridaA*w,,,,,,,,,,,,,,,,,,,,,,,,
Foster Golf Links - Marketing Plan
November 13, 2013
MAGoll \Marketing \Budget 2012 Golf 9-21-11 REVISED 2013 11-13-13
33
34
ATTACHMENT B
Foster Golf Links - 2014 Marketing Action Plan
Executive Summary
The vision of Foster Golf Links (FGL) is to develop a golf facility that creates a welcome
environment and is a source of pride to the Tukwila community.
The purpose of this marketing action plan is to identify key ways to increase revenue
through maximizing participation. By utilizing a mix of marketing strategies and tools we
can develop a targeted approach to increasing participation at FGL by each of these
key user groups:
Strategy 1: Retain and Strengthen Our Core
Strategy 2: Engage Lapsed Golfers
Strategy 3: Attract New Customers
In order to increase overall participation, FGL needs to create awareness of its value
within its core customer base, and then build that awareness outward into the regional
golf community where we can engage the lapsed golfer and attract new golfers to our
product.
In order to accomplish this, FGL must develop an action plan that focuses on collecting
customer data and streamlining systems in the winter months, and shifts to actively
marketing opportunities as we move into the high season in May. This will allow FGL to
be ready to take on the new business it is sure to attract with a well - planned strategy to
market to each of the key user groups.
Participation Trends
While the number of rounds played overall in the United States has declined in recent
years, rounds played at FGL have steadily remained above the national average.
The factors that influence golf participation include:
• Course condition
• Weather playability
• Customer service
Typically, participation at FGL is highest during the months of May through September.
This can be attributed to better weather, the return of "snowbirds ", and the beginning of
the league play season. During the shoulder seasons, March /April and October,
participation levels are heavily affected by the playability of the course which is
impacted by weather. In the low season, November through February, participation on
the course is primarily from our core customer.
35
36
Strategy 1: Retain and Strengthen our Core
Retaining and strengthening our core will be our top priority. According to the National
Golf Foundation (NGF), the core golfers, those who play more than 8 times a year,
account for 57% of all golfers. More impressively, these golfers account for 94% of
rounds played and money spent on industry related products and services. In addition,
their greatest asset to any facility is their ability to serve as ambassadors for the facility
and the game of golf. Statistics show that it takes 20 new golfers to replace the loss of
one core golfer.
As with most municipal golf courses, FGL relies heavily on our core customers. At FGL
we have approximately 3,500 core customers. To further engage our core customers
and to further increase participation, we will implement a Customer Loyalty Program by
offering a FGL Rewards Card. By providing our core customers with discounts, hosting
exclusive events, special sales and creating a more communal atmosphere, FGL will
reward our core customers.
Here's how FGL's Rewards Card program will work:
To register for the FGL Rewards Card, customers will be required to provide name,
address, phone, email address and birthdate. In addition, FGL will record and
categorize the golfer's club /league information, if applicable. By capturing this
information, FGL will have a better understanding of buying habits, interests, and
preferences of its golfers.
There will be an annual registration fee $20 to participate in the Rewards Card program.
Upon registering, the golfer will receive a free round of golf (restrictions may apply) and
20 points on their Reward's Card.
For every dollar spent, a point is earned. Reaching a predetermined level of points, a
discount is received, For example, after $100, the member receives a 5% discount on
all green and cart fees. After $400, a 10% discount is earned. As the dollar amount
spent increases, so does the discount honored.
Throughout the season, FGL will host member events such as merchandise sales,
member only tournaments and "double points" days. Points will be accrued April 1 —
March 31 and reset every April 1.
Because FGL's "Point of Sale" (POS) system is currently set up for a Rewards Card
system, the only cost to implement the Rewards Card is the cost of the card (currently
$0.65 per card).
37
Strategy 2: Engage Lapsed Golfers
According to the NGF, 90 million Americans describe themselves as lapsed golfers.
Those lapsed golfers offer several reasons for "leaving" the game. Money, time, the
difficulty of the game, and family are the reasons most cited.
By its own design, FGL is a great facility to re- engage the lapsed golfer. FGL
recognizes that the primary audience for our facility is the beginning to intermediate
golfer that is looking for a fun, walk -able course. Professionals agree that the more
rounds someone plays, the more likely they are to keep playing, work on their game,
and invest in new equipment.
Strategies to engage lapsed golfers include:
1. Utilize existing systems to capture data to analyze frequency of play.
Currently FGL utilizes different systems for different data functions. The three
systems currently utilized are:
o Golf Now (www.qolfnow.com) — used primarily for on -line tee time booking
and marketing to the regional golf market.
o Cybergolf (www.cybergolf.com) — used primarily hosting of FGL website
and also allows for online tee time bookings.
o sZen — used primarily for point of sale transactions and as a customer
data tool.
By analyzing the data more thoroughly, FGL will be able to determine which type
of programming offered will best serve the lapsed player.
2. Utilize the collected data to specifically market the PGA's "Get Golf Ready"
program to the lapsed golfer.
Get Golf Ready (GGR) — is a group lesson package offered at an affordable rate.
In order to promote this program, we will utilize the national marketing platform to
reach the regional golf community, and develop specific marketing promotions,
such as email blasts and social media, to our e-Club members, Rewards Card
members and Billy Baroo's customers.
'r Besides the lesson revenue stream created from the GGR program, what
we are really trying to cultivate is a long term relationship with the golfer.
The GGR graduate has been shown to have an 80% retention rate and
will spend nearly $1,000 annually at the facility.
3. Develop specialized programs and packages for market segments.
Specialized programs could include a mix of packages and events such as:
o Opportunities to improve their game through individual and group
instruction;
o Opportunities for socialization through play and dine events; and
o Opportunities for competitive play through leagues and tournaments that
match up appropriate skill levels.
Women golfers, senior /retiree golfers, youth and families are just a few of the
market segments we would target with specialized programming.
38
Strategy 3: Attract New Golfers
1. Increasing youth access to golf is very important. With that in mind we will be
working on the following initiatives to promote golf to youth in Tukwila:
a. Develop a Junior Golf Academy program. The Academy will focus on
developing interested and motivated junior golfers through a system of
instructional clinics, camps and competitive play among golfers of similar skill
level. The Academy will have a tiered system to identify and cultivate all
levels of junior golfers.
Beginning and intermediate players would begin in the camps and enjoy
limited time on the golf course. Once they have shown that they are
capable of playing at an acceptable pace, understand the rules and
etiquette, and are motivated to better themselves they will be moved up
accordingly.
ii. Advanced players will compete against their peers to bring out the best in
their golf play. By doing this, a stable of players competing in Washington
State Golf Association events, high school golf and beyond.
b. Develop a Golf Specialty Camp. Work closely with the Recreation Division
staff to develop a golf camp to be included in their summer specialty camp
program. The program can be a stand -alone golf camp, or it could be
integrated into the existing summer day camp program.
2. Tournaments are a great revenue source and opportunity to develop new
customers. In order to increase tournament and league participation we will:
a. Develop a downloadable tournament package on the FGL website. This will
allow each league and tournament to have their own site to promote their
event. It also will allow us to collect valuable player data which can be used
to reach out to golfers who do not generally frequent FGL.
b. Develop an outreach plan. FGL will develop a plan to outreach to local
businesses, community organizations, and networking groups including, but
not limited to:
• FGL Men's and Ladies Clubs
• Billy Baroo's patrons and eClub members
• Seattle Southside Visitor'Services — area hotel guests
• Rotary Club members
• Southwest King County Chamber — member businesses &
organizations
• Starfire Sports — patrons and facility visitors
3. The development of specialized programs and market segments, as noted
previously in Strategy 2, could also be utilized to attract new golfers to FGL.
39
40
ATTACHMENT B
EXHIBIT 1
Foster Golf Links - 2014 Marketing Action Plan
Calendar
January
• Clean up the mailing list
• Utilize Billy Baroo's mailing list to cross market
• Prepare calendar of monthly or quarterly specials — April through October
o Golf only
o Golf & restaurant packages
• Prepare information for Recreation Guide (Spring /Summer, May - August)
• Design e-blast & newsletter templates
• Finalize Rewards Card Program details
February
• Prepare mailing lists — e -mail and physical addresses
o Residents, businesses
• Design postcard & bill insert
• Flyers to businesses
o incentive programs
o team building activities
o off -site meetings
• Rewards Card Program
o Train employees
o Prepare email launch
o Run beta test
March
• Drop physical cards in the mail
• Bill insert mailed
• E -blast middle of March
• Launch Rewards Card Program via Cybergolf & Golf Now
April
• Newsletter first week
o Outline monthly specials / detail loyalty program
• E -blast the first week
• E -blast the third week
• Bill insert mailed
FGL 11/13
41
May
• Newsletter first week
o Upcoming specials / trivia question
• E -blast the first week
• E -blast the third week
• Bill insert mailed
• Prepare information for Recreation Guide (Fall/Winter, September — December)
June
• Newsletter first week
• E -blast the first week
• E -blast the third week
• Bill insert mailed
July
• Newsletter first week
• E -blast the first week
• E -blast the third week
• Bill insert mailed
August
• Newsletter first week
• E -blast the first week
• E -blast the third week
• Bill insert mailed
September
• Newsletter first week
• E -blast the first week
• E -blast the third week
• Bill insert mailed
• Prepare information for Recreation Guide (Winter /Spring, January — April)
October
• Newsletter first week
• E -blast the first week
• E -blast the third week
November
• Newsletter first week
. • E -blast the third week
December
• Newsletter first week
• E -blast the third week
42
FGL 11/13
ATTACHMENT B
EXHIBIT 2
Foster Golf Links - 2014 Marketing Action Plan
Rewards Card Launch Timeline
January 2014 PROGRAM DETAILS
Finalize Points System details
Finalize all Reward's Card amenities
-Pool, Parks and Rec, Billy Baroo's, and other local establishments
Begin framework of Online Credit Card Purchasing
Develop Program Benchmarks
January 15th, 2014 PREPARATION AND EDUCATION
Complete sZen P.O.S. procedures
Develop Registration Paperwork
Complete Data Entry
-sZen, Men's and Ladies Club data to Cybergolf Email System
-cull and update current membership
Create and Secure advertisement in Golf Publications
Create Posters and Point of Purchase (POP) displays
February 1st, 2014 TRAINING & MORE
Employee training
Rewards Cards delivered
Posters and Point of Purchase marketed
PDF files prepared for Email and Web
Contact League and Club Leadership
Finalize Benchmarks
February 10th, 2014 BETA TEST REGISTRATION
Email 200 Men's Club and 60 Ladies Club members and begin their early
registration
Launch Rewards Card Web Page
February 24th, 2014 EARLY CONTACT
Email 500 League players to promote and begin their registration
Prepare 3`d Party marketing information
Continue training and beta testing
March 1st, 2014 LAUNCH REWARDS CARD PROGRAM
Email public through Cybergolf
Email public through Golf Now
Utilize in -house marketing and POP displays
43
PROGRAM JANUARY
Routine Marketing
Database maintenance X X X,X
Monthly e-Newsletter X
e-Blast I X
Customer Loyalty Program
Facebook posts X
1
Scheduled Marketing
Bill Inserts
Billboard Advertising
Flyers - mailing
Juniors Program
Travel Packages thru SSVS
www.colfwashinoton.com
Newspaper Advertising
FEBRUARY MARCH
i I
I I
X I X X I X X X X X
I I I
X I I X I I I
IX I
X X X X
Reactive Marketing
Texting weather-related oppty
1
e-Blast during off season
as weather demands
Foster Golf Links
2014 Marketing Action Plan
APRIL I MAY
X XIXIXIX
X
I I
IX 1
XIXIX1X
;Egg
X IX IX X 11 X IX IX
X X X X X 'XXIX
I I X IX IX IX
X IX IX X IX IX IX
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JUNE
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X X X IX
Xi X IX IX
X X II X X
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JULY: I AUGUST SEPTEMBEF
I I I I I I I
X IX I X IX XIX IX IX X IX IX IX
I I I ;I
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X IX IX iX X IX IX iX X X IX IX
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X :X X X
OCTOBER NOVEMBER
I I
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X 'X IX IX X IX IX IX
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1
ATTACHMENT B
EXHIBIT 3
Foster Golf Links - 2014 Marketing Action Plan
Effective and Inexpensive Marketing Tools
The following is a list of easy and inexpensive ways to create awareness of and build
traffic with all 3 key user groups.
Bill Inserts — Special notices for upcoming programs and events should be distributed
to inform and generate interest in "what's happening" at the golf course.
Frequency: Monthly
Target: Residents; New and existing customers
Coupons /Deals — Special offers targeted local and regional customers.
Frequency: Occasionally
D In October, FGL did a coupon offering through Amazon. More than 100
"deals" were purchased. Customers have until April 2014 to redeem their
coupons.
D In November, FGL did a coupon offering through Golf Now. The offer is
currently active, and customers will have until February 2014 to redeem their
coupons.
Target: New customers
E -blast - A short e-mail detailing a current special or opportunity. Include a direct link to
the special on the website.
Frequency: 2x a month, high season
lx a month, low season
Target: Existing customers
45
E- newsletter - A monthly newsletter with news of upcoming specials, pro tips, junior
league information, featured player profile, golf trivia. Release at the first of each month
and highlight that month's activities. Include links to the FGL website.
Frequency: Monthly
Target: Existing customers
Facebook Posts — Up -to -date information and offers including tee time availability, "did
you know" facts, newsy tidbits, and pro tips.
Frequency: 3 -4 times a month
Target: New and existing customers
Texting — Utilizing a texting program can help promote weather related specials, or tee -
time openings.
Frequency: Occasionally
Target: Existing customers
Website — It is critical that the FGL website be monitored to ensure that all information
is timely and accurate.
Frequency: Weekly
Target: New and existing customers
Paid Advertising Options
Advertising creates awareness and aims to drive consumer behavior in a way that
benefits the advertiser. FGL can utilize advertising to make residents and businesses
aware of the golf opportunities that are available.
Billboards
• Westfield Mall Parking Structure Billboard — Cost is $2,000 /month with a
production cost of $1,100 per sign. No minimum contract.
46
Newspaper Advertising (Print and Digital)
• Local and Regional papers have a variety options. Cost is typically determined
by ad size, style and frequency placement.
On -line Marketing Resources
• Golf Washington (www.golfwashington.com) which has approximately 39,000
unique hits per month; Rates vary from $39 /month to $99 /month depending on
package.
47
48
Attachment C
Foster Golf Links — Ideas to Increase Revenue
Ideas to increase revenue — There are several ways proposed to increase revenue at the golf
course:
1) to implement the marketing plan (keep current golfers coming back more and increase the
number of lapsed and new golfer), See Attachment B.
2) to lengthen the golf season, See Exhibit 1.
3) to improve golf course playability, See Exhibit 2 and
4) to adjust fees to the market level and to utilize dynamic pricing. A new fee schedule will be
prepared for consideration first quarter 2014.
49
50
Attachment C
Exhibit 1
Foster Golf Links — Ideas to Increase Revenue
Fairway Topdressing and Aeration Program
Foster Golf Links proposes to begin a Fairway Aeration and Topdressing Program. This
program would begin with the addition of a Deep Tine Aerator, using the Verti-Drain 22-20. It
would also include a 5-year commitment to topdressing the critical areas, fairways and tee
boxes, on the golf course. Once the process has begun, it is critical to the health of the course
that it continues.
Primary reasons for topdressing include:
• Promotes quicker drying of turf and better drainage
• Allows for good soil structure and greater thatch control
• Improves and helps maintain a better playing surface while fixing compaction issues
• Corrects surface irregularities
• Decrease special projects related to drainage
• All of these will increase course playability and lengthen the golf season.
"Poor drainage," "Too wet" and similar comments are among the primary negative comments
received on our recent survey and on customer review websites. In our current situation, carts
are restricted from the fairways earlier than our competition, thereby reducing our round
potential and limiting seniors and others access to the course.
Program Benefits:
Better course conditions
Respond to our guests concerns and suggested improvements
Increase playability and pace of play
Increase rounds in the shoulder months (Feb-May and Sept-Nov)
Allow carts on fairways more often, providing more opportunities for growth
Estimated Costs:
Verti-Drain $28,000
Topdressing (10-12 applications per year) — current market pricing estimate of $25,000-$30,000
annually
C:\Documents and Settings \christy.TUKWILA\Local Settings \Temporary Internet Files \Content.Outlook\FOTTAFSU 'Attachment C Exhibt 1 Aerating Topdressing Program 11-13-
13.docx
51
N
Foster Golf Links CIP 15 -Year Plan
a,
O
a`
2
2, 4
2, 4
2, 4
2, 4
2
4
1 Have to Do
2 Need to do
30,000
3 Nice to do 4 Improve Play
Ideas to Increase Revenue
Improve Golf Course Playability
Attachment C
Exhibit 2
30,000
PVI Boiler to Instant an
ous
45,000
12 yrs
50,000
50,000
Bunker sand;! rebuild and
drainage
Green renovation #1 & 3
250,000
20 yrs
7 +16 bunkers
20,000
25,000
25,000
25,000
25,000
25,000
75,000
TBD
75,000
75,000
Green renovation #-
75,000
TBD
75,000
75,000
ion #6 &'
2
150,000
TBD
75,000
50,000
River irrigation pump
23,000
10yrs
23,000
Cal
Pe
20,000
10yrs
27,000
Exterior P
25,000
10yrs
32,500
Inte
for Painting
15,000
10yrs
17,500
Irrigation pump, pond and
pump panel
75,000
20 yrs
75,000
Rivet
igation pip
60,000
Permit Issue
Pond L
TBD
G
Ope
Sub Total
50,000
50,000
0
100,000
0
100,000
100,000
0
100,000
50,000
50,000
0
100,000
50,000
50,000
75,000
ns Budg
35,000
4 yrs
new fleet 4
years
30,000
0
32,000
32,000
32,000
0
34,000
34,000
34,000
4,
00
36,000
36,000
36,000
38,000
38,000
38,000
Sub Total
80,000 80,000 32,000 132,000 32,000 132,000 34,000 134,000 34,000 134,000 86,000 86,000 36,000 136,000 88,000 88,000 113,000
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Stephanie Brown, Human Resources Director
DATE: November 19, 2013
SUBJECT: 2014 Non-Represented Wages and Benefits
BACKGROUND
Earlier this year, the City Council adopted Resolution No. 1796 establishing a compensation
policy for City employees. This is also the year in which a market study is conducted for non-
represented positions, for 2014 wages.
The compensation policy set the parameters as to what comparable jurisdictions would be used
for the study. The City Council has determined that they want to survey all Puget Sound
jurisdictions within +/- 50% of Tukwila's assessed valuation based upon the Department of
Revenue 2012 data. In addition, it is the Council's desire to pay the average for salaries, and to
be above average for benefits.
DISCUSSION
In September, a market study and regression analysis was conducted. The cities surveyed
based upon the policy were: Bainbridge Island, Bremerton, Burien, Edmonds, Issaquah,
Lakewood, Lynnwood, Marysville, Mukilteo, Puyallup, Sea-Tac, and Shoreline. Thirteen (13)
benchmark positions were surveyed using data from the 2013 AWC (Association of Washington
Cities) survey. These benchmark positions have been historically used in previous non-
represented market studies.
The results of the market study revealed that non-represented wages are above the average of
the market of the jurisdictions surveyed. The percentage differences range from 0% to17%
above the average (survey attached). However, a review of benefits revealed that we lagged
the market of our assessed valuation cities, specifically in the area of holiday pay.
Therefore, based upon the analysis of the market study, it is the Administrations'
recommendation that there not be a wage adjustment for non-represented employees in 2014.
However, since the Council desires to be above average for benefits, the Administration is
recommending the following changes to non-represented benefits effective January 1, 2014.
1. An additional floating holiday for a total of two (2) annually. The market study revealed
that we lag behind our surveyed cities in this area.
2. A one-time contribution of $500 per non-represented employee into their individual
HRANEBA account.
3. An increase in the clothing allowance for Police Chief, Fire Chief, Assistant Chiefs
(police/fire), and Police Records Manager by an additional $250 per month. This
increase will bring their allowance in alignment with the represented employees within
their respective departments.
53
INFORMATIONAL MEMO
Page 2
As the City is currently in contract negotiations with its represented groups, internal equity
considerations will continue to have an effect in future years, and our ability to recruit talent into
our workforce. It is also important that consideration be given in 2015 for non - represented
employees to receive a COLA adjustment of 90% of CPI W- (June) in order to prevent salary
compression with the represented groups.
BUDGET IMPACTS
The budget impacts for consideration of the recommended changes to non - represented benefits
would be: $19,500 ($500 x 39 employees) for 2014 only to fund each non - represented
employee's individual HRA VEBA account; and $1,250 for the additional $250 to increase the
clothing allowance for five of our uniformed non - represented employees. This clothing cost
would carry over in future years.
RECOMMENDATION
The Finance and Safety Committee is being asked to consider the adjustments to the benefits
for non - represented employees effective January 1, 2014, and to forward the resolution to the
Committee of the Whole meeting on November 25 for discussion and approval at the Regular
meeting on December 2, 2013.
ATTACHMENTS
Attachment 1 — 2013 Wage & Benefit Data from the Association of Washington Cities (AWC)
Resolution in Draft Form
Attachment A- Draft 2014 Non - Represented Wage Schedule
Attachment B- Draft 2014 Non- Represented Schedule of Benefits
Attachment C- Draft 2014 Non - Represented Longevity Pay Schedule
54
2
2013 Wage Data from AWC Salary Survey
CITY
City Admin.
PW Director
Police Chief
Fin. Dir
P &R Dir.
DCD Dir.
A/C Police
Bldg Official
Sr. Prog. Mgr.
CityClerk
Bainbridge Island
12500
10924
12016
12016
10924
10793
8918
8494
7020
Bremerton
11256
11826
11256
10198
10714
7966
8370
5638
Burien
11266
10527
10527
10046
10270
7882.
7298
6446
Edmonds
12216
12826
11634
11634
11634
11080
9115
8268
8681
Issaquah
14502
13152
13152
13152
12526
11362
9815.
9348
8075
Lakewood
14583
10157
10779
10360*
9384
10360
9958
8089
7327
Lynnwood
12052
12222
12051
12051
10858
11024
8973
Marysville
14129
12694
12694
12225
12225
12225
8294
7899
Mukilteo
9253
9253
8717
7736
8717
8377
6093
Puyallup
12794
10758
10758
10758
10758
10758
9621
7853
8403
7343
SeaTac
12783
12198
12198
12198
12198
9297
8114
8017
Shoreline
12932
12037
12037
12037
12037
8733
8312
7527
Tukwila
13069
12208
12208
11795
11795
11795
10710
9294
9294
7829
Average
$13,186
$11,435
$11,725
$11,506
$10,981
$10,972
$10,316
$8,630
$8,278
$7,217
(Excludes Tukwila)
Dollar Difference
-$117
$773
$483
$289
$814
$823
$394
$664
$1,016
$612
Percentage Difference
- 0.89%
6.76%
4.12%
2.51%
7.41%
7.50%
3.81%
7.69%
12.27%
8.48%
Cities chosen based on +/ -50% of Tukwila's Assessed Valuation utilizing 2012 Department of Revenue data
The Fire Chief and Assistant Fire Chief position was removed due to small sample size. Only 3 cities
(Bremerton, Lynnwood and Mukilteo) had Fire Departments.
2013 Non -Rep Salary Study
Data compiled 8/9/13 KG
2013 Wage Data from AWC Salary Survey
CITY
Court Administrator
Deputy CC
Executive Assistant
Bainbridge Island
7722
Bremerton
7966
6538
Burien
5404
Edmonds
8268
5056
6478
Issaquah
9815
6027
6974
Lakewood
7775
5553
Lynnwood
9869
5145
6128
Marysville
8708
5470
6031
Mukilteo
6093
Puyallup
6407
4288
5360
SeaTac
8422
5742
6263
Shoreline
5460
5879
Tukwila
9793
6086
6086
Average
$8,328
$5,313
$6,064
(Excludes Tukwila)
Dollar Difference
$1,465
$773
$22
Percentage Difference
17.59%
14.56%
0.37%
2013 Non -Rep Salary Study Data compiled 8/9/13 KG
2013 Benefit Data from AWC Salary Survey
CITY
Annual Vacation Hours Earned After
1 year 5 Years 10 Years 15 Years 20 Years
Holiday Sick
Hours Hours
Bainbridge Island
96
120
136
160
176
88
96
Bremerton
104
120
160
200
208
88
96
Burien
96
120
144
168
168
88
96
Edmonds
88
128
168
176
192
96
96
Issaquah
96
128
160
176
192
96
96
Lakewood
No Data
Lynnwood
80
96
136
152
200
96
96
Marysville
88
128
168
192
208
88
96
Mukilteo
104
120
144
160
160
96
96
Puyallup
96
128
160
200
200
112
96
SeaTac
104
136
152
184
184
88
96
Shoreline
104
136
152
184
184
96
96
Tukwila
96
128
160
192
192
1
88
96
Average
96
124
153
177
188
94
96
City of Lakewood has a PTO plan.
Data taken from 2013 AWC Wage and Benefit Salary for General Employees. This may include
union represented employees (such as Teamsters, AFSCME, etc.).
57
58
D;' AFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING AND CLARIFYING
THE NON - REPRESENTED EMPLOYEES' COMPENSATION
AND ADOPTING THE NON - REPRESENTED SALARY
SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE
JANUARY 1, 2014.
WHEREAS, the Tukwila City Council has conducted a review of the non -
represented employees' compensation system that was originally implemented in
January 1998; and
WHEREAS, the City Council recognizes that current economic conditions and
forecasts are a consideration in actions that deal with the compensation of employees;
and
WHEREAS, the City Council has made a determination to review the non -
represented compensation for even - numbered years and provide COLAs in odd -
numbered years; and
WHEREAS, a compensation study has been conducted of cities using +1- 50% of
Tukwila's Assessed Valuation per the direction of Resolution No. 1796; and
WHEREAS, the recommended non - represented wage schedule and benefit
information has been prepared for implementation on January 1, 2014;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The following statements have been used for the purpose of adopting
the non - represented employees' wages for 2014 and consideration for future years.
A. The following basic plan elements remain the same:
1. Decision Band Methodology (DBM) for creating classifications.
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59
2. Market analysis using comparable jurisdictions' top -step wages.
3. Data was gathered through use of the "Association of Washington Cities
(AWC) Salary and Benefits Survey" for cities that are +1- 50% of Tukwila's Assessed
Valuation.
4. Regression line analysis did not recommend a wage increase based on
data provided.
5. Steps below the Control Point (Wage Schedule Top Step) are automatic as
individuals move through the system.
6. Ranges for all bands All - F102 of the Decision Band Methodology will
remain at 2013 levels.
B. The City shall continue to conduct in -house market analysis of the non -
represented compensation system during odd - numbered years, using outside
assistance on regression line analysis calculations as needed. The results of the
analysis will be considered for implementation on January 1 of the following even -
numbered year.
C. A COLA increase shall be considered for application each January 1 during
odd - numbered years, based on the Seattle- Tacoma - Bremerton Consumer Price Index
CPI -W (June).
D. The Decision Band method of job evaluation will be used to establish
classifications and the relative internal value and relationship of non - represented jobs
within the City of Tukwila.
E. Merit will continue to be eliminated from the plan at this time and may be
reconsidered as a plan element in subsequent years.
F. Step increases from the minimum to the control point for all positions shall be
given annually on the employee's performance review date. There will be no step
increases for employees at or above the control point.
Section 2. Non - represented salary schedule and benefits summary.
A. The "Non- Represented Salary Schedule — 2014," Attachment A hereto, shall
be approved, effective January 1, 2014.
B. The "Non- Represented Employee Benefits Summary — 2014," Attachment B
hereto, shall be approved, effective January 1, 2014.
C. The "Longevity Pay Plan for Non - Represented Employees — 2014," Attachment
C hereto, shall be approved, effective January 1, 2014.
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Page 2 of 3
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachments:
- Attachment A, Non - Represented Salary Schedule — 2014
- Attachment B, Non - Represented Employee Benefits Summary — 2014
- Attachment C, Longevity Pay Plan for Non - Represented Employees — 2014
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61
62
Attachment A (Page 1 of 3)
City of Tukwila
Non - Represented Salary Schedule - 2014
Classification Title
Job Title
Range
Administrative Support Technician
Administrative Support Technician
Al2
Office Technician
Human Resources Technician
B21
Office Specialist
Assistant to the Chief
B22
Administrative Assistant
Deputy City Clerk
Executive Assistant
Assistant to the Director
Council Administrative Assistant
B23
Program Coordinator
Systems Administrator
Human Resources Assistant
C41
Management Coordinator
City Clerk
Police Records Manager
C42
Management Analyst
Council Analyst
Government Relations Manager
Human Resources Analyst
Parks & Recreation Analyst
Project Analyst
Public Works Analyst
C42
Program Administrator
Internal Operations Manager
Public Works Coordinator
Emergency Manager
C43
Program Manager
Assistant City Administrator
Senior Program Manager
Building Official
D61
Administrative Manager
Maintenance Operations Manager
D62
Assistant Director
Deputy Community Development Director
Deputy Finance Director
Deputy Public Works Director
Deputy Parks & Recreation Director
Municipal Court Administrator
D63
Department Manager
Assistant Fire Chief
Assistant Police Chief
City Engineer
D72
63
Attachment A (Page 2 of 3)
City of Tukwila
Non - Represented Salary Schedule - 2014
Department Administrator
Economic Development Administrator
E81
Department Head
Human Resources Director
DCD Director
Finance Director
IT Director
Parks & Recreation Director
E83
Department Director
Fire Chief
Police Chief
Public Works Director
E91
City Administrator
City Administrator
F102
64
Attachment A (Page 3 of 3)
2014 - Non - Represented Salary Structure
Non - Represented Salary Structure (Monthly)
DBM
Rating
(Minimum)
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Al 1
3, 860
3,981
4,103
4,223
4,343
Al2
4,166
4,299
4,432
4,562
4,691
A13
4,483
4,621
4,761
4,902
5,040
B21
4,682
4,858
5,035
5,210
5,389
B22
4,987
5,174
5,361
5,549
5,738
B23
5,287
5,487
5,686
5,884
6,086
B31
5,550
5,793
6,036
6,279
6,522
B32
5,992
6,255
6,519
6,781
7,045
C41
6,173
6,418
6,666
6,914
7,161
7,408
C42
6,520
6,783
7,043
7,304
7,565
7,829
C43
6,810
7,083
7,357
7,629
7,901
8,177
C51
7,032
7,347
7,663
7,980
8,294
8,614
C52
7,516
7,854
8,192
8,531
8,871
9,137
D61
7,436
7,808
8,180
8,554
8,925
9,294
D62
7,570
7,946
8,325
8,702
9,082
9,459
D63
7,834
8,226
8,618
9,011
9,403
9,793
D71
8,015
8,453
8,893
9,332
9,771
10,212
D72
8,411
8,870
9,330
9,789
10,251
10,710
E81
8,499
8,924
9,351
9,773
10,229
10,688
11,126
E82
8,812
9,254
9,696
10,137
10,580
11,022
11,463
E83
9,071
9,526
9,978
10,433
10,886
11,340
11,795
E91
9,387
9,857
10,327
10,798
11,267
11,738
12,208
E92
9,774
10,265
10,756
11,244
11,734
12,225
12,714
F101
10,168
10,676
11,183
11,694
12,204
12,710
13,220
F102
10,051
10,552
11,056
11,561
12,064
12,567
13,069
The rates for 2014 will remain at 2013 rates.
65
66
Attachment B (Page 1 of 2)
Non - Represented Employee Benefits - 2014
Social Security (FICA): Social Security benefits shall be provided as contained in Section
2.52.010 of the Tukwila Municipal Code (TMC).
State -Wide Employee Retirement System (PERS): Retirement shall be provided as contained
in Section 2.52.020 of the TMC.
Holidays: Holidays shall be provided as contained in Section 2.52.030 of the TMC. Regular
part -time employees shall be entitled to benefits on a pro -rata basis. One additional floating
holiday (for a total of two floating holidays) shall be provided to each non - represented
employee starting in 2014.
Sick Leave: Sick leave shall be provided as contained in Section 2.52.040 of the TMC. Regular
part -time employees shall be entitled to benefits on a pro -rata basis.
Medical Insurance: The City shall pay 100% of the 2014 premium for regular full -time
employees and their dependents under the City of Tukwila self - insured medical/ dental plan.
Premium increases above 8% per year shall result in a modified plan document to cover the
additional cost above 8 %, or a premium shall be implemented for the difference, at the City's
discretion. The City reserves the right to select all medical plans and providers. Regular part -
time employees shall be entitled to benefits on a pro -rata basis. Employees who choose
coverage under the Group Health Cooperative plan shall pay the difference between the City of
Tukwila plan full- family rate and the rate charged to them by Group Health.
Dental Insurance: The City shall provide 100% of the 2014 premium for the regular full -time
employees and all dependents under the City of Tukwila self - insured medical /dental plan for
dental coverage. Regular part -time employees shall be entitled to the same benefits on a pro -
rata basis.
Life Insurance: For regular full-time employees, the City shall pay the premium for Plan C
(Multiple of annual earnings) or similar group life and accidental death and dismemberment
insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000.
Regular part -time employees that work at least 20 hours per week shall be entitled to benefits
on a pro -rata basis (per insurance program requirements).
Vision/Optical: To non - represented regular full-time employees and their dependents at the
rate of $200 per person, to a maximum of $400 per family unit each year. Regular part -time
employees and their dependents shall be entitled to benefits on a pro -rata basis.
Disability Insurance: The City shall provide 100% of the premium for regular full -time
employees for a comprehensive long -term disability policy. Regular part -time employees that
work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance
program requirements).
Health Reimbursement Arrangement /Voluntary Employee Benefit Association (HRA/VEBA):
VEBA benefits shall be provided as contained in Resolution No. 1445 and as amended. In 2014,
there will be a one time contribution of $500 made to each active non - represented employee's
individual account by the City.
67
Attachment B (Page 2 of 2)
Non - Represented Employee Benefits - 2014
Vacation: Following the sixth month of continuous employment, annual vacation leave of six
full days (each day is calculated at eight hours, regardless of schedule worked) shall be granted.
Thereafter, an additional day of annual leave shall accrue each month, up to a total of 12 days.
Three additional days of annual leave shall be granted on the employee's anniversary date after
the third, fourth and fifth years. After six years, the employee shall be granted one day per year
additional annual leave to a maximum of 24 days per year. The maximum number of accrued
hours is 384 or 48 days.
Years of Service
Vacation Accrual
Years of Service
Vacation Accrual
0 -1 years
12 days*
10 years
19 days
1 -2 years
12 days
11 years
20 days
3 -6 years
15 days
12 years
21 days
7 years
16 days
13 years
22 days
8 years
17 days
14 years
23 days
9 years
18 days
15 years
24 days (maximum)
*Six full days will be granted following the sixth month of continuous employment.
(Days accrue at eight hours, regardless of schedule worked.) Regular part -time
employees shall be entitled to benefits on a pro -rata basis.
Uniform Allowance: An annual uniform allowance of $600 shall be granted to the following
employees: Fire Chief, Assistant Fire Chief, Police Chief, Assistant Police Chief, and Records
Manager.
68
Attachment C
Longevity Pay Plan for Non - Represented Employees - 2014
The monthly longevity flat rates shall be as follows for regular full -time employees after the
completion of the number of years of full time employment with the City set forth below.
Regular part -time employees shall receive longevity on a pro -rata basis.
Completion of 5 years
$75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of 25 years
$175
Completion of 30 years
$200
69
70
City of Tukwila
Jim Haggai- lon, Mayor
INFORMATIONAL MEMORANDUM
T{]: Mayor H m
FINANCE AND SAFETY COMMITTEE
FROM: Joyce Trantina, Mayor's Offic
DATE: November 6, 2013
SUBJECT: Strategic Planning Implementation — Draft Amendment to the Berk &
Associates Contract
ISSUE
The City is recommending an extension of the contract with Berk and Associates to continue
assistance to the City in the implementation of the Strategic Plan. As a result of the significant
amount of time spent working across the various stakeholders in our community, Berk staff have
an excellent understanding of the unique challenges and expected outcomes by the various
groups.
BACKGROUND
Berk and Associates have provided excellent leadership and guidance to the City in developing
and implementing the Strategic Plan and we would like to utilize this expertise during 2014 as
we work through the 2015/2016 biennium budget process. These funds are included in the
2013/2014 budget.
DISCUSSION
The project components will iDC|Ud8faCi|it8t8d work sessions with City leadership, engaging City
leaders in a process that builds action oriented workplans. This work will expand the City's
organization and development work by establishing City of Tukwila Values that guide how we
work with one another and how we treat our partners and customers
This contract amendment will extend the contract through December 31, 2014 and will not
exceed $65,000 in 2014. This will continue to be funded by the Mayor's office 2013/2014
budget.
RECOMMENDATION
The Committee is being asked to move this item forward to the consent agenda of the
December 2, 2013 City Council Meeting for approval and authorization for execution by the
Mayor.
ATTACHMENTS
Copy of Contract 13-042, Draft of Proposed Amendment
72
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 13 -042
Council Approval 2/4/13
CONSULTANT AGREEMENT FOR
STRATEGIC PLANNING (CONSULTING) SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City ", and Berk & Associates, hereinafter referred to as "the Consultant ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform consulting services in
connection with the project titled Strategic Planning.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2013, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than December 31, 2013 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as outlined in Exhibit
"A" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $65,000.00 without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
73
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's
negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
Berk & Associates Consultant Agreement Page 2 of 5
74
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self- insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
Berk & Associates Consultant Agreement Page 3 of 5
75
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
Berk & Associates Consultant Agreement Page 4 of 5
76
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila WA 98188
Notices to Consultant shall be sent to the following address:
Berk & Associates
Attn: Brian Murphy
2025 First Avenue Suite 800
Seattle WA 98121
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this I day of 6 fug v/ , 2013.
CITY OF TUKWILA
Attest/Authenticated:
CONSULTANT
By:
Michael Hodgins
Title: Principal
Approved as to Form:
Office of the City Attorney
Berk & Associates Consultant Agreement Page 5 of 5
77
78
CITY OF TUKWILA STRATEGIC PLAN IMPLEMENTATION
Proposed Scope of Work: 1/16/13
The City of Tukwila has recently adopted a city -wide
Strategic Plan. This Plan was developed through
extensive community and staff involvement, with a
Steering Committee comprised of community
representatives serving as the primary plan
development body. The Plan establishes a Community
Vision, a City of Tukwila Mission Statement, and five
Goals and supporting Objectives. The Plan also
establishes the City Performance and Accountability
Model that establishes a framework for developing
annual workplans aligned to the Strategic Plan.
The City is now in its first year implementing the
Strategic Plan. The City seeks assistance in tying City
plans and actions to the Strategic Plan, and additional
support to develop the tools, frameworks, and
performance measures to guide and manage this
ongoing process. Tools are needed to support the
development of workplans and to track and publicallyraS
communicate progress. The work to be accomplished
in 2013 will establish the framework and tools for the City's annually recurring workplanning process per the City
Performance and Accountability Model.
CITY PERFORMANCE & ACCOUNTABILITY tdUBEL
community a
eirgabentort
Over the course of a year, BERK will work closely with City leadership to develop the systems and tools necessary
to align City efforts with the Strategic Plan, building linkages among the Strategic Plan, existing systems, and
ongoing practices of the Tukwila organization. BERK will directly support the City in using these tools during this
first year of implementation, improving them for ongoing use given lessons learned during the 2013 cycle.
We propose a collaborative and responsive approach, and will work closely with City leadership to advance the
effort in the most effective ways possible.
Facilitated Worksessions with City Leadership. BERK will design and facilitate effective worksessions with the
City's Leadership Team and possibly City Council. We will design the worksessions to engage City leaders in
bridging from the Vision and ambitions of the Strategic Plan to action - oriented workplans that direct and evaluate
City actions and investments. The discussions will begin at a City -wide level, considering phasing and prioritization
of the full Strategic Plan over a 5 -year period. Once a conceptual phased approach to implementation is
established, additional work will occur at the department and cross - department level to establish departmental
and cross - functional workplans and performance measures. We will facilitate the Executive Team's work in
1
79
City of Tukwila — Strategic Plan Implementation
Proposed Scope of Work 1/16/13
developing, evaluating, and approving these workplans. Once they are approved, plans will be communicated and
progress evaluated in a transparent process.
Organizational Capacity Development. As described in Goal Four of the Strategic Plan, it is important that the City
of Tukwila develop the organizational culture and capacity to deliver on the promises of the Strategic Plan. BERK
will assist in this process, coordinating with any additional resources the City brings to bear on this important topic.
Communications Support. BERK will support the City in communicating workplans to both internal and external
audiences, ensuring that City staff, residents, business owners, partners, and other interested parties have the
ability to easily understand and track the City's process and progress.
Anticipated Outcomes and Workproducts
Through this process, we anticipate collaborating with the City to develop the following workproducts, which will
be delivered to the City in a format and fashion supportive of the City owning, modifying, and using these tools for
years to come.
• Conceptual phasing of all elements of the Strategic Plan.
• Annual departmental workplans that align with the City's Strategic Plan and budget.
• Additional schematics and frameworks that illustrate alignment, clarify roles, and otherwise provide
information about the relationships between people, processes, and products.
• Performance measures to track and communicate process.
• Communication strategies and collateral pieces for ongoing communication with City residents and other
stakeholders, including web, email, social media, print media, and public meeting formats.
BUDGET
The budget for this effort is not to exceed $65,000, with BERK to invoice the City monthly on a time and materials
basis. BERK project staff will bill at the following rates:
• Brian Murphy: $180 /hour
• Dawn Couch: $140 /hour
• Associate Support: $115 /hour
• Project Associate Support: $70 /hour
2
80
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Berk & Associates
That portion of Contract No. 13 -042 between the City of Tukwila and Berk & Associates is
amended as follows:
Section 3. Duration of Agreement; Time for Performance. The term of this Agreement is
extended to December 31, 2014, unless sooner terminated under the provisions specified in Contract
13 -042. The Consultant shall perform all services and provide all work product required pursuant
to this Agreement no later than December 31, 2014 unless an extension of such time is granted in
writing by the City.
Section 4. Payment. The Consultant shall be paid by the City for completed work and for
services rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as outlined in Exhibit
"A" attached to Contract 13 -042, provided that the total amount of payment to the
Consultant shall not exceed $65,000 per calendar year without express written
modification of the Agreement signed by the City.
All other provisions of the contract shall remain in full force and effect.
day of , 2013.
Dated this
CITY OF TUKWILA
Jim Haggerton, Mayo
CONTRACTOR
Printed Name/Title: Michael Hodgins, Principal
ATTEST /AUTHENTICATED APPROVED AS TO FORM
City Clerk City Attorney
81
82
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
CITY COUNCIL
FROM: David Cline, City Administrator
DATE: November 6, 2013
SUBJECT: Alliance One Lease Agreement
ISSUE
The current lease agreement with Alliance One Management Receivables expires on December
31, 2013.
BACKGROUND
Alliance One is the company Tukwila Municipal Court contracts with to provide collection
services for unpaid court fines and fees and also manages long-term payment plans for our
customers not in collections. In May 2009, Alliance One began leasing space with the City of
Tukwila. Per RCW 35A.11.010 and 35A.11.020 all lease agreements must go before City
Council for authorization.
DISCUSSION
Per direction from the Council in August, 2013 Administration continued the lease agreement
with Alliance One Management Receivables through December 31, 2013. We are proposing to
extend the lease agreement through December 31, 2014, to coincide with the biennium budget
cycle, as well as a 10% increase ($75/month) in the monthly rent as there has not been an
increase since 2011.
FINANCIAL IMPACT
The 10% increase in rent for 2014 means Alliance One would pay the City of Tukwila $825.00 a
month to lease space in the court area.
RECOMMENDATION
The Committee is being asked to move this item forward to the consent agenda of the
December 2, 2013 City Council Meeting for approval and authorization for execution by the
Mayor.
ATTACHMENTS
Copy of Contract 13-147, Draft of Proposed Amendment
83
84
City of Tukwila Agreement Number: 13 -147
Council Approval 8/5/13
6200 Southcenter Boulevard, Tukwila WA 98188
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated 5 5cp }GW ti'DON 2013 is made between the City of Tukwila
( "the City" or "Lessor ") and Alliance One Receivables Management, Inc. ( "Alliance" or "Lessee ").
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto
agree as follows:
1. Premises. Lessor does hereby agree to lease to Lessee, upon the following terms and conditions,
one (1) front counter workspace at the Tukwila Municipal Court located at 6200 Southcenter
Blvd., Tukwila, Washington ( "Premises ").
2. Term. This agreement shall be in full force and effect for a period commencing July 1, 2013 and
ending December 31, 2013 unless sooner terminated under the provisions hereinafter specified.
3. Rent. Lessee covenants and agrees to pay Lessor, at Lessor's address, without deduction or
offset, rent of Seven Hundred Fifty Dollars ($750.00) per month ( "Rental Payment "). The Rental
Payment shall be submitted to Lessor on a monthly basis due by the 15th day of each month. Any
and all ancillary costs associated with Lessee's use of the Premises shall be borne by Lessee.
4. Leasehold Excise Tax. Lessee shall pay any leasehold excise tax due pursuant to RCW 82.29A
to Lessor by the 15`" of each month at the rate of 12.84% of rental amount. The Leasehold Excise
tax shall be paid in addition to the monthly rental payment. If the State of Washington changes
the leasehold excise tax and another jurisdiction also imposes this tax, the tax payable by the
Lessee shall be correspondingly modified in compliance with RCW 82.29A.
5. Use of Premises by Lessee. Lessee shall have exclusive use of the Premises for payment
collection and shall provide their own personnel to staff the Premises between 8 :30 a.m. and 4:30
p.m. Monday through Friday. Lessee's personnel at the Premises shall provide customer service
at a level satisfactory to the Lessor. Lessor reserves the right to immediately terminate this lease
agreement should the Lessee's customer service levels fail to meet the standards Set by Lessor.
6. Utilities, Equipment and Services. Lessee shall provide daily armored car service, Monday
through Friday, to transport deposits from the Premises. Lessee shall provide any equipment
necessary for the prescribed use of the Premises, included but not limited to computers, fax/copy
machines and telephones. Lessee shall be responsible for setting up and maintaining their own
telephone and interne connections.
7. Signage. Lessee shall provide, at their own expense, signage to be placed at the Premises; all
signage shall be pre- approved by Lessor before being posted on the Premises.
8. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the
Premises. Any sublease or assignment made in violation of this provision shall be void.
9. Indemnification and Hold Harmless. Lessee shall indemnify, defend and hold harmless Lessor,
its officers, agents and employees, from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of Lessee, its officers, agents and employees, in
Alliance One Lease Agreement
Page 1 of 3
85
City of Tukwila Agreement Number:
6200 Southcenter Boulevard, Tukwila WA 98188
performing the work required by this Agreement. With respect to the performance of this
Agreement as to claims against Lessor, its officers, agents and employees, Lessee expressly
waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance
Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold
harmless provided for in this paragraph extends to any claim brought by or on behalf of any
employee or Lessee. This waiver is mutually negotiated by the parties. This paragraph shall not
apply to any damages resulting from the sole negligence of the Lessor, its agents or employees.
To the extent that any of the damages referenced by this paragraph were caused by or resulted
from the concurrent negligence of Lessor, its agents or employees, this obligation to indemnify,
defend and hold harmless is valid and enforceable only to the extent of the negligence of Lessee,
its officers, agents and employees.
10. Insurance. Lessee shall procure and maintain in full force throughout the duration of the
Agreement Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations
aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent contractors,
products- completed operations, stop gap liability, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground property
damage. The City shall be named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the. City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement
CG 20 37 10 01 or substitute endorsements providing equivalent coverage and shall include a
provision prohibiting cancellation or reduction in the amount of said policy except upon thirty
(30) days prior written notice to Lessor. Cancellation of the required insurance shall
automatically result in termination of this Agreement.
Certificates of coverage as required by Paragraph A above shall be delivered to Lessor
within fifteen (15) days of execution of this Agreement.
11. Holding Over. Any holding over on the Premises after the termination of the term of this lease
shall be construed to be a tenancy from month -to -month with the same valuable consideration for
rent being provided on a pro rata basis per month. Such holding over shall otherwise be on all the
terms and conditions of this Lease Agreement.
12. Notices. Notices to Lessor shall be sent to the following address:
City of Tukwila
Attention: City Clerk
6200 Southcenter Boulevard
Tukwila WA 98188
Alliance One Lease Agreement Page 2 of 3
86
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
Notices to Lessee shall be sent to the following address:
Alliance One Receivables, Inc.
Tricia Purcell, Client Service Manager
6565 Kimball Drive, Suite 200
PO Box 2449
Gig Harbor WA 98335
13. Effect of Invalidity. If any provision of this Lease Agreement or the application thereof to any
person or circumstance shall to any extent be invalid, the remainder of this Lease. Agreement or
the application of such provision to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby and each provision of this Lease Agreement shall be
valid and enforced to the fullest extent permitted by law.
14. Entire Agreement — Amendments. This printed Lease Agreement together with all exhibits
expressly incorporated herein by reference and attached hereto shall constitute the whole
agreement between the parties. There are no terms, obligations, covenants or conditions other
than those contained herein. Except as otherwise provided, no modification or amendment of this
Lease Agreement shall be valid or effective unless evidenced by an agreement in writing signed
by both parties.
15. Termination. Lessor or Lessee may terminate this lease at any time on or before the expiration of
the lease term upon thirty (30) days prior written notice to the other. party.
16. Applicable Law — Venue: Attorney's Fees. This Agreement shall be . governed by and
construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding s instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be properly laid in King County, Washington.
The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit.
DATED this day of %- f `" WLb-Pl
CITY OF TUKWILA
ATTEST /AUTHENTICATED
Alliance One Lease Agreement
, 2013
1 \MngL ' I
ALLIANCE ONE RECEIVABLEI, IN7C.
ager
t\rri N
APPROVED AS TO FORM J 1
City Attorney
Page 3 of 3
87
88
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Alliance One Receivables Management, Inc.
That portion of Contract No. 13 -147 between the City of Tukwila and Alliance One Receivables
Management, Inc. is amended as follows:
Section 2: Term. This agreement shall be in full force and effect for a period commencing January
1, 2014 and ending December 31, 2014 unless sooner terminated under the provisions
specified in Contract 13 -147.
Section 3: Rent. Lessee covenants and agrees to pay Lessor, at Lessor's address, without
deduction or offset, rent of Eight Hundred Twenty -Five Dollars ($825.00) per month
( "Rental Payment "). The Rental Payment shall be submitted to Lessor on a monthly
basis due by the 15th day of each month. Any and all ancillary costs associated with
Lessee's use of the Premises shall be borne by Lessee.
All other provisions of the contract shall remain in full force and effect.
Dated this day of , 2013.
ALLIANCE ONE MANAGEMENT RECEIVABLES, INC.
CITY OF TUKWILA
Jim Haggerton, Mayor Harry Neerenberg, CFO
ATTEST /AUTHENTICATED APPROVED AS TO FORM
City Clerk City Attorney
Alliance One Management Receivables Inc. Amendment #1
Page 1 of 1
89
90
City of Tukwila
TO:
Jim Haggerton, Mayor
INFORMATIONAL U��U���������U�
xu�mu v�*��n�um~�n u~�vu����� n�u��nmu��x����u�����n�n
Mayor Haggerton
Finance and Safety Committee
FROM: Peggy McCarthy, Finance Director
DATE: November 13, 2013
SUBJECT: Voucher Review and Approval by Council
ISSUE
Clarify Council responsibilities for voucher review and approval.
BACKGROUND
It has been the Council's practice to have one Council member, selected on a rotating basis, review
and approve vouchers as a precursor to full Council approval before release of checks for payment.
A question arose recently as to the Council's legal requirements in this regard.
Pursuant to RCW Chapter 42.24 and the Washington State Auditor's office Budget Accounting and
Reporting system (BARS) manual, 7l/8 the governing body's responsibility to ensure that the system
Of auditing and certifying vouchers is operating in a manner to provide the greatest possible
protection for the governing body members and the municipality". Additionally, the Council is
obligated to indicate approval for payment of claim vouchers and have such approval entered into
the minutes along with the voucher or check numbers and the total amount of the claims. An excerpt
from the BARS manual and selected RCW's from Chapter 42.24 are attached to this memo.
The City's financial management system has several procedural checks and balances in place to
provide protection to the City and assure that, for all claims presented for payment and before a
disbursement is actually made,
• the materials have been furnished,
• the services have been rendered,
• the claim is a just, due and unpaid obligation of the City, and
• the claim is assigned an account number(s) consistent with the City's chart of accounts and
compliant with BARS.
The procedural checks and balances include review and approval by the initiating department
director, the Accounts Payable Fiscal Specialist, the Accounts Payable Fiscal Coordinator and the
Finance Director. The vouchers and supporting documents are reviewed for connp|eteneaS,
approvals, account coding and compliance with established policies and procedures and other
relevant matters.
DISCUSSION
The level of review required by Council to fulfill their obligations and render voucher approval is a
matter of judgment and depends largely on the degree of confidence placed in the financial
management system and its controls. A comprehensive review of the City's procurement policy and
procedures is planned for 2014; the voucher approval and certification process will be re-addressed
then.
RECOMMENDATION
For information only.
ATTACHMENTS
BARS manual excerpt, Accounting - Expenditures - Voucher Certification and Approval
RCW 42.24.080, RCW 42.24.090, RCW 42.24.115
92
ACCOUNTING
Expenditures
Voucher Certification and Approval'
All claims against a municipality must be preaudited by the auditing officer of the municipality or his/her
delegate. In addition, all claims must be certified by the auditing officer. This certification may be made
on each individual claim voucher or, subject to the acceptance and approval of the municipal legislative
body, a blanket voucher certification may be used so long as it indicates the particular vouchers so
certified. The use of a blanket certification in no way relieves the auditing officer of his /her responsibility
and liability for each individual voucher so certified. The certification is required regardless how the
transaction is processed (i.e., through warrants, checks, EFTs, etc.). The certification must be signed and
dated by the auditing officer or his /her delegate. For all claims, except expense reimbursement claims
certified by officers or employees (see Employee Travel), the certification must include the following
language:
I, the undersigned, do hereby certi under penalty of perjury that the materials have
been furnished, the services rendered or the labor performed as described herein, that
any advance payment is due and payable pursuant to a contract or is available as an
option for full or partial fulfillment of a contractual obligation, and that the claim is a
just, due and unpaid obligation against the (city /county /district), and that I am authorized
to authenticate and certify to said claim.
The auditing officer's certification for employee /officer expense reimbursement claims must include the
following language:
I, the undersigned, do hereby certibr under penalty of perjury that the claim is a just, due
and unpaid obligation against the (city/county/district), and that I am authorized to
certifir to said claim.
The certification by the auditing officer in no manner relieves members of the governing body from the
responsibility and liability for each voucher approved. It is the governing body's responsibility to ensure
that the system of auditing and certifying vouchers is operating in a manner to provide the greatest
possible protection for the governing body members and the municipality.
To indicate governing body approval for payment of claim vouchers and payroll, the following should be
entered in the minutes:
The following voucher /warrants are approved for payment:
(Funds)
Voucher (warrant)
numbers: through $
Payroll warrant /transaction
numbers: through $
' Chapter 42.24 RCW
Total
93
If the legislative body authorizes the procedure, cities, counties and districts may issue warrants before
the legislative body approves claims. To do this the municipality must enact the following policies and
procedures (required in Chapter 42.24 RCW):
(1) The auditing officer and the officer designated to sign the checks or warrants must have an
official bond. The amount should be determined by the legislative body but cannot be less than
fifty thousand dollars (RCW 42.24.180);
(2) The legislative body should adopt contracting, hiring, purchasing, and disbursing policies that
implement effective internal control;
(3) The legislative body must review and approve the claims paid at its next regularly scheduled
public meeting, or for cities and towns, at a regularly scheduled public meeting within one month
from issuance; and
(4) If the legislative body disapproves some claims, the auditing officer and the officer designated to
sign the checks or warrants must recognize these claims as receivables of the taxing district and
pursue collection diligently until the amounts are either collected or the legislative body is
satisfied and approves the claims.
The legislative body may stipulate that certain kinds or amounts of claims should not be paid before the
board has reviewed the supporting documentation and approved the issue of checks or warrants in
payment of those claims.
The original copy of all vouchers should be filed in the office of the auditing officer of the municipality.
The detailed accounts to which the expenditures are to be posted must be clearly designated. Supporting
documentation must be retained and either attached to the vouchers or canceled by the auditing officer to
prevent reuse. See Original Supporting. Documentation for information regarding original supporting
documentation.
Districts that do not issue their own warrants should send either original vouchers or other supporting
documentation (e.g., listing of approved vouchers, etc.) to the county auditor.
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RCW 42.24.080: Municipal corporations and political subdivisions — Claims against for ... Page 1 of 1
RCW 42.24.080
Municipal corporations and political subdivisions — Claims against
for contractual purposes — Auditing and payment — Forms —
Authentication and certification.
(1) All claims presented against any county, city, district or other municipal corporation or political
subdivision by persons furnishing materials, rendering services or performing labor, or for any other
contractual purpose, shall be audited, before payment, by an auditing officer elected or appointed
pursuant to statute or, in the absence of statute, an appropriate charter provision, ordinance or
resolution of the municipal corporation or political subdivision. Such claims shall be prepared for audit
and payment on a form and in the manner prescribed by the state auditor. The form shall provide for
the authentication and certification by such auditing officer that the materials have been furnished, the
services rendered, the labor performed as described, or that any advance payment is due and payable
pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation,
and that the claim is a just, due and unpaid obligation against the municipal corporation or political
subdivision. No claim shall be paid without such authentication and certification.
(2) Certification as to claims of officers and employees of a county, city, district or other municipal
corporation or political subdivision, for services rendered, shall be made by the person charged with
preparing and submitting vouchers for payment of services. He or she shall certify that the claim is just,
true and unpaid, and that certification shall be part of the voucher.
[2008 c 198 § 6; 1995 c 301 § 72; 1965 c 116 § 1.]
Notes:
Finding -- 2008 c 198: See note following RCW 39.34.030.
http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 42.24.080 11/13/2013 95
RCW 42.24.090: Municipal corporations and political subdivisions — Reimbursement cla... Page 1 of 1
RCW 42.24.090
Municipal corporations and political subdivisions —
Reimbursement claims by officers and employees.
No claim for reimbursement of any expenditures by officers or employees of any municipal corporation
or political subdivision of the state for transportation, lodging, meals or any other purpose shall be
allowed by any officer, employee or board charged with auditing accounts unless the same shall be
presented in a detailed account: PROVIDED, That, unless otherwise authorized by law, the legislative
body of any municipal corporation or political subdivision of the state may prescribe by ordinance or
resolution the amounts to be paid officers or employees thereof as reimbursement for the use of their
personal automobiles or other transportation equipment in connection with officially assigned duties and
other travel for approved public purposes, or as reimbursement to such officers or employees in lieu of
actual expenses incurred for lodging, meals or other purposes. The rates for such reimbursements may
be computed on a mileage, hourly, per diem, monthly, or other basis as the respective legislative
bodies shall determine to be proper in each instance: PROVIDED, That in lieu of such reimbursements,
payments for the use of personal automobiles for official travel may be established if the legislative
body determines that these payments would be less costly to the municipal corporation or political
subdivision of the state than providing automobiles for official travel.
All claims authorized under this section shall be duly certified by the officer or employee submitting
such claims on forms and in the manner prescribed by the state auditor.
[1995c301 §73; 1981 c56§ 1; 1965c 116 §2.]
96 http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 42.24.090 11/13/2013
RCW 42.24.115: Municipal corporations and political subdivisions — Charge cards for of... Page 1 of 1
RCW 42.24.115
Municipal corporations and political subdivisions — Charge cards
for officers' and employees' travel expenses.
(1) Any municipal corporation or political subdivision may provide for the issuance of charge cards to
officers and employees for the purpose of covering expenses incident to authorized travel.
(2) If a charge card is issued for the purpose of covering expenses relating to authorized travel,
upon billing or no later than thirty days of the billing date, the officer or employee using a charge card
issued under this section shall submit a fully itemized travel expense voucher. Any charges against the
charge card not properly identified on the travel expense voucher or not allowed following the audit
required under RCW 42.24.080 shall be paid by the official or employee by check, United States
currency, or salary deduction.
(3) If, for any reason, disallowed charges are not repaid before the charge card billing is due and
payable, the municipal corporation or political subdivision shall have a prior lien against and a right to
withhold any and all funds payable or to become payable to the official or employee up to an amount of
the disallowed charges and interest at the same rate as charged by the company which issued the
charge card. Any official or employee who has been issued a charge card by a municipal corporation or
political subdivision shall not use the card if any disallowed charges are outstanding and shall surrender
the card upon demand of the auditing officer. The municipal corporation or political subdivision shall
have unlimited authority to revoke use of any charge card issued under this section, and, upon such
revocation order being delivered to the charge card company, shall not be liable for any costs.
[1995 c 30 § 3; 1984 c 203 § 5.]
Notes:
Findings -- 1995 c 30: See note following RCW 43.09.2855.
Severability -- 1984 c 203: See note following RCW 35.43.140.
http: // apps. leg .wa.gov /rcw /default.aspx ?cite= 42.24.115 11/13/2013 97
98